Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the grant of anticipatory bail to the petitioner.
Summary
Akash Kumar was implicated in a case (Sasaram Town Model P.S. Case No. 828 of 2024) for alleged dowry demands and related offences under Sections 341, 323, 504, 506, 509 and 498A of the IPC. He applied for anticipatory bail, claiming innocence and asserting that the case was false. The State opposed the bail, while the informant’s counsel said he had no instructions. The court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, considered the nature of the offences and the possibility of arrest. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with conditions under Section 438(2) of the CrPC and Section 482. The order also stipulated a maintenance payment of Rs. 25,000 per month if the matter does not settle.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 323, 341, 498A, 504, 506, 509
Subjects
- anticipatory bail
- IPC offences
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar precedent
- dowry harassment
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70850 of 2025
Arising Out of PS. Case No.-828 Year-2024 Thana- SASARAM NAGAR District- Rohtas
======================================================
Akash Kumar S/o Vinay Kumar @ Vinay Singh Resident of - 301, Sri Naga
Laskhmi Nilayam Telecom Nagar, P.S - Raidurgam Gachibowli, District - KV
Rangareddy (Telangana) Permanent R/o Village - Bharkhar, P.S - Mohaniya,
District - Kaimur (Bhabhua)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Singh, Sr. Advocate
Mr.Sumit Kumar, Advocate
For the State : Mr.Md. Matloob Rab, APP
For the Informant : Mr.Rakesh Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Sasaram Town Model P.S. Case No. 828 of
2024 registered for the offence under Sections 341, 323, 504,
506, 509, 498A of the Indian Penal Code.
3. As per the prosecution case, a woman married
Akash Kumar (Nov 2021). She alleged that petitioner made
dowry demands and even tortured her.
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. It is next submitted that a T.P.
Patna High Court CR. MISC. No.70850 of 2025(4) dt.26-02-2026
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(Transfer Petition) was heard in the Supreme Court and the case
has been adjourned for four weeks and there are chances that the
matter can be settled in the Supreme Court.
5. Learned counsel for the informant submits that
he has no instruction about this.
6. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
7. Considering the submission of the parties and in
view 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 of grant of anticipatory
bail is allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within six
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court of Chief
Judicial Magistrate, Rohtas at Sasaram /concerned Court below
in connection with Sasaram Town Model P.S. Case No. 828 of
2024, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
Patna High Court CR. MISC. No.70850 of 2025(4) dt.26-02-2026
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9. If the parties do not settle the matter, the petitioner
will keep paying maintenance of Rs. 25,000/- per month to O.P.
No. 2.
(Sandeep Kumar, J)
tusharika/-
U T
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