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Patna High Court

MUNI JI @ BASHISHT KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.68300 of 2023(8) dt.09-03-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.68300 of 2023(8) dt.09-03-2026
                                                        3/3




                                              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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