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Patna High Court

Anarjit Kumar @ Anarjit SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions, as the complainant did not appear and the petitioner offered a monthly payment.

Summary

The petitioner, Anarjit Kumar, was implicated in a complaint under Section 498A of the IPC filed by his wife, Lalmuni Kumari. He applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting his innocence and a clean criminal record. The petitioner offered to pay Rs.3,000 per month to his wife as a gesture of goodwill, while the wife did not appear before the court despite notice. The State opposed bail, but the court noted the non‑appearance of the opposite party and the petitioner’s payment offer. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.30,000 and conditions, including cancellation if the payment is not made.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in a 498A case where the complainant has not appeared.
  • Whether the petitioner’s offer to pay a monthly amount to the complainant justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Section 498A
  • domestic violence
  • bail bond
  • non‑appearance
  • payment offer

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7118 of 2026
                  Arising Out of PS. Case No.-1227 Year-2020 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Anarjit Kumar @ Anarjit Sahani S/o Shambhu Sahani @ Shabhu Chaudhari
                 R/o Village - Majuraha, P.S - Turkauliya, District - East Champaran

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    Lalmuni Kumari W/o Anarjit Sahani @ Anarjit Kumar D/o Julum Sahani,
                 R/o Village - Majuraha, P.S - Raghunathpur O.P (Turkauliya), District - East
                 Champaran At present R/o Village - Dumariya Ghat, P.S - Dumariya Ghat,
                 District - East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :    Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   22-04-2026                    Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner, who apprehends

                   arrest in connection with Complaint Case No. C-1227 of 2020,

                   under Section 498A of the Indian Penal Code.

                                3. As per the prosecution, wife has made allegation

                   against her husband and other family members of torture and

                   not taking care of.
Patna High Court CR. MISC. No.7118 of 2026(3) dt.22-04-2026
                                            2/3




                       4. Learned Counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the criminal antecedent of the petitioner is clean.

          Counsel also submits that he has every respect for his wife and

          he is ready to take care of his wife regularly and for that he

          himself offer to make payment of Rs.3,000/- (Three thousand)

          per month in the account of his wife.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that notices were issued in this

          case and the notice have been served upon Opposite Party No.2

          but even then she has not opted to appear.

                       6. In the light of the submissions made by the

          petitioner that he shall make payment of Rs.3,000/- (Three

          thousand) to his wife as a good gesture in the Trial Court where

          case is pending. This Court hereby grants anticipatory bail to

          the petitioner as Opposite Party No.2 has not opted to appear

          before this Court and petitioner is showing good gesture by way

          of payment of Rs.3,000/- per month to his wife.

                       7. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of 4 weeks from today, on
          Patna High Court CR. MISC. No.7118 of 2026(3) dt.22-04-2026
                                                      3/3




                    furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                    as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                    satisfaction of learned Judicial Magistrate, 1st Class, East

                    Champaran, Motihari, in connection with Complaint Case No.

                    C-1227 of 2020, subject to the conditions as laid down U/s

                    482(2) of the BNSS, 2023. Breakage in payment shall be

                    resulted into cancellation of anticipatory bail.



                                                                        (Dr. Anshuman, J)
    Mkr./-

U     T


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