Patna High Court

Manish Kumar Gupta @ RinkuversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail is granted to the petitioner subject to conditions.

Summary

Manish Kumar Gupta, a senior bank official, was accused of assaulting his wife and evicting her from their matrimonial home, leading to a criminal case under Sections 85, 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. He applied for anticipatory bail fearing arrest. The State opposed the bail, but the court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail. The bail was conditioned on a Rs.10,000 monthly maintenance payment to the victim, subject to the family court’s determination, and required a bail bond with two sureties. The order was issued under Section 482(2) of the BNSS. The petitioner was thus released on anticipatory bail pending further proceedings.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite allegations of assault and domestic violence under the BNSS.
Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrict unnecessary arrests in this case.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 351(2), 352, 482(2), 85

Subjects

anticipatory bail
domestic violence
assault
maintenance
Section 85 BNSS
Section 115(2) BNSS
Section 352 BNSS
Section 351(2) BNSS
Section 482(2) BNSS
Arnesh Kumar principle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68666 of 2025
                   Arising Out of PS. Case No.-17 Year-2025 Thana- MAHILA THANA District- Begusarai
                 ======================================================
                 Manish Kumar Gupta @ Rinku S/o Late Ishwar Dayal Resident of Village -
                 Shahdara, Near - Pani Tanki Savitri Sadan, Patna City, P.S - Malsalami,
                 District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Priya Raj Gupta Late Pramod Gupta R/o- Mungeriganj, Ward No.33, P.S.-
                 Nagar (Town), Dist.- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Kumar
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   15-01-2026                  Seen the office notes. Jointness affidavit has been

                   filed by the learned counsel for the petitioner.

                                2. Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                3. The petitioner apprehends arrest in connection with

                   Mahila P.S. Case No. 17 of 2025 registered for offences under

                   Sections 85, 115(2), 352, 351(2) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is the

                   husband of the victim. He is alleged to have assaulted the victim

                   and ousted her from her matrimonial house.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   The petitioner is working as DGM in State Bank of India.
            Patna High Court CR. MISC. No.68666 of 2025(5) dt.15-01-2026
                                                        2/2




                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. In view of the law laid down by the Hon’ble

                      Supreme Court in the case of Arnesh Kumar V/s State of Bihar

                      & Anr, (2014) 8 SCC 273, this application for anticipatory bail

                      stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Judicial

                      Magistrate, 1st Class, Begusarai/concerned Court below in

                      connection with Mahila P.S. Case No. 17 of 2025 subject to the

                      conditions as laid down under Section 482(2) of the BNSS and

                      with further condition that:-

                                                The petitioner will start paying a
                                      monthly maintenance of Rs. 10,000/- to the victim
                                      from January 2026. This condition shall be subject
                                      to the maintenance determined by the Principal
                                      Judge Family Court, where the maintenance case
                                      is pending.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T

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