Patna High Court
Sunil kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to a condition of depositing Rs.10,000 per month in the informant’s bank account.
Summary
Sunil Kumar, an Indian Army Sepoy, was implicated in a criminal case (Chakia P.S. Case No. 168 of 2025) alleging dowry harassment, cruelty, and other offences under various sections of the B.N.S. and the Dowry Prohibition Act. The petitioner contended that he had not demanded dowry, nor assaulted the informant, and that the allegations were false. The informant, Nandani Kumari, claimed she was left destitute with two young children and sought relief. The petitioner offered to pay Rs.10,000 per month as living expenses to the informant pending the final outcome of the case. The Court, considering the informant's vulnerable position and the petitioner's offer, granted anticipatory bail subject to a monthly payment condition under Section 482(2) of the B.N.S.S. The order directed the petitioner to deposit the stipulated amount in the informant’s bank account within seven days of each month.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the condition of monthly payment to the informant is appropriate under Section 482(2) of the B.N.S.S.
- Whether the allegations of dowry demand and cruelty merit denial of bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 85
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- cruelty
- Indian Army
- Section 482
- criminal procedure
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70949 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Sunil kumar Son of Tarashankar das Resident of Village - Vishunpur, P.S. -
Chakia, Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nandani Kumari D/o Chhotelal Prasad R/o Village - Bankat, P.S. - Paharpur,
Dist. - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 09-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Chakia P.S. Case No. 168 of 2025 dated 10.04.2025 registered
for the offence punishable under Sections 126(2), 115(2),
303(2), 85, 352, 351 (2) and 3(5) of the B.N.S. and Section ¾ of
the D.P. Act.
3. The prosecution case in short is that the marriage of the
informant was solemnized with the petitioner, working in the
Indian Army as a Sepoy, according to Hindu rites and rituals on
01.03.2020 and out of the wed lock she was blessed with one
child. It is alleged that she was subjected to cruelty in various
ways due to non fulfillment of demand of Scorpio and
Patna High Court CR. MISC. No.70949 of 2025(4) dt.09-04-2026
2/4
ultimately the informant was assaulted and ousted from her
matrimonial home on 21.12.2024.
4. Learned counsel for the petitioner submits that petitioner is
innocent and he has not committed any offence in the manner
alleged and has falsely been implicated in this case. He further
submits that neither any dowry demand has been made from the
informant by the petitioner or any of his family members nor the
informant has been subjected to any type of assault or torture at
any point of time. He next submits that the informant left his
company and started living at her parents’ house against his will
and consent. However, without prejudice to the right and con-
tention of the petitioner and in order to maintain harmony in the
family, the petitioner undertakes to pay a sum of
Rs. 10,000/- per month to the opposite party no. 2 as “living
cost” subject to final outcome of the present case as well as
matrimonial case and / or maintenance case if any to be filed
and decided between the parties.
5. Learned counsel for the informant / opposite party no. 2
submits that the petitioner is working in the Indian Army as a
Sepoy / Havaldar having two children. During subsistence of
first marriage with the opposite party no. 2, the petitioner has
married with one another lady namely, Choti Kumari, which has
Patna High Court CR. MISC. No.70949 of 2025(4) dt.09-04-2026
3/4
come in the investigation done by S.H.O., Chakia P.S. The
enquiry report dated 08.02.2026 was sent to 137 Maidani
Regiment, Jammu & Kashmir. The informant / opposite party
no. 2 is at the verge of starvation. However, he accepts the
offer so made by the petitioner and submits that the petitioner
may be directed to deposit the said amount of Rs. 10,000/- per
month in the bank account of the informant / opposite party no.
2 , details of which shall be furnished by learned counsel for the
opposite party no. 2 to learned counsel for the petitioner within
ten days from today.
6. After having heard learned counsel for the parties, taking
into consideration the fact that the informant is not a working
lady, she is at the verge of starvation having two children aged
about 04 years and 03 years and the offer made by the petitioner
has been accepted by learned counsel for the opposite party no.
2, accordingly, I am inclined to grant privilege of anticipatory
bail to the petitioner.
7. Let the petitioner, above named, in the event of his arrest /
surrender before the learned court below within a period of six
weeks from today be released on anticipatory bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial Magis-
Patna High Court CR. MISC. No.70949 of 2025(4) dt.09-04-2026
4/4
trate, 1st Class, Motihari, East Champaran in connection with
Chakia P.S. Case No. 168 of 2025 subject to the condition as
laid down under Section 482(2) of the B.N.S.S. as well as the
following condition:-
(i) that the petitioner shall deposit a sum of
Rs. 10,000/- per month in the bank account of the
opposite party no. 2 positively by the 7th day of
every month starting from the month of May, 2026.
(Anil Kumar Sinha, J)
praful/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.