Patna High Court
Anarjit Kumar @ Anarjit SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Indian Penal Code — s. 498A
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
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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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