Patna High Court
MUNI JI @ BASHISHT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
The petitioner, Muni Ji (Bashisht Kumar), sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 470C of 2019) alleging offences under IPC sections 323, 498A, 504 and 34. He claimed innocence and alleged false implication. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond of Rs.10,000, two sureties, and a condition to pay monthly maintenance of Rs.10,000 to the complainant. The maintenance order was made subject to any decision of the Family Court. The court warned that non‑compliance could lead to cancellation of bail and directed communication of the order to the District & Sessions Judge, Patna.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case involving alleged offences under IPC 323, 498A, 504 and 34.
- Whether imposing a maintenance payment as a condition of anticipatory bail is permissible.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 323, 34, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Section 438 CrPC
- maintenance order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68300 of 2023
Arising Out of PS. Case No.-470 Year-2019 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Muni Ji @ Bashisht Kumar Son Of Mauji Singh @ Ramakant Singh Village
Bakawa Ps Bhadur District Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Kavita Devi Wife Of Muni Ji @ Bashisht Kumar, D/O Tapeshwar Singh R/O
Vill And P.O. - Bakawa, P.S. - Bhadur, Distt. - Patna, At Present R/O Vill
And P.O. - Bihari Bigha, P.S. - Pandarak, Distt. - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 09-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 470C of 2019 in which cognizance
has been taken by the Court below for the offences under
Sections 323, 498(A), 504 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that the petitioner is
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ready to keep his wife with full dignity.
5. Learned APP for the State has opposed the
application of the petitioner.
6. Considering the submission of the parties and in
light of the law laid down by the Hon’ble Supreme Court in the
case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application for grant of anticipatory bail is
allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Barh, Patna/concerned Court below in
connection with Complaint Case No. 470C of 2019 subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS and with
further condition that:
(I). The petitioner is directed to pay
a maintenance amount of Rs. 10,000/- from the
month of March 2026 to the
complainant/informant. The maintenance for the
month of March 2026 shall be paid to the
complainant/informant within ten days from
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today, and thereafter, the maintenance amount
shall be paid to the complainant/informant
every month before the 10th day of each month.
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of the
maintenance case in the Court of Principal Judge, Family Court
concerned, if any.
9. Needless to state that, if the petitioner fails to abide
by the terms and conditions, as stated hereinabove, the State
shall be at liberty to file an appropriate application, before the
learned concerned Court below for cancellation of bail granted
to the petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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