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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          (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
                                                          3/3




                                     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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