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Patna High Court

Sunil kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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