Patna High Court
Bala Lakhindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to strict conditions.
Summary
The petitioner, Bala Lakhindra Kumar, applied for anticipatory bail after a complaint was filed by Chandani Devi alleging offences under IPC sections 323, 307, 504, 506 and 34. The court observed that both parties wish to continue their marital relationship and the petitioner assured no dowry demand. Taking into account the petitioner's undertaking and the informant's presence, the bench was inclined to grant anticipatory bail. The order directed that the petitioner be released on bail within four weeks upon furnishing a Rs.10,000 bond with two sureties and complying with several conditions, including regular police appearances, non‑interference with witnesses, and refraining from further offences. Non‑compliance would permit cancellation of the bail. The court emphasized strict adherence to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving offences under IPC sections 323, 307, 504, 506 and 34
- Whether the petitioner’s undertaking and the marital context justify the grant of anticipatory bail with conditions
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- marital dispute
- dowry
- bail conditions
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74569 of 2025
Arising Out of PS. Case No.-794 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Bala Lakhindra Kumar S/O Nanda Chaudhary R/O Village- Banjariya, P.S.-
Madhuban, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandani Devi D/O Jitendra Kumar R/O Village- Tikuliya, P.S.- Motihari
Mufassil, District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Mr. Shyam Bihari Singh, APP
For the Informant : Mr. Madhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 20-02-2026 Heard Mr. Sanjay Kumar, learned counsel for the
petitioner and Mr. Madhurendra Kumar, learned counsel for the
informant beside learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No. 794 of 2024 registered for
the offence under Sections 323, 307, 504, 506 and 34 of the
Indian Penal Code, lodged by the complainant Chandani Devi.
3. Earlier, the coordinate Bench of 25.11.2025 issued
notice to the lady informant who is now present through her
lawyer.
4. Both the petitioner and the lady have shown their
inclination to move ahead in their marital journey and would
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like to stay together. As instructed by the petitioner, learned
counsel submits that there shall be no demand of any dowry and
he will be keeping her with full dignity and honour.
5. As consented by the parties, the petitioner shall be
going to the house of in-laws on 22nd February, 2026 and shall
be taking the lady back either on the same day or on 23 rd
February, 2026 as per their convenience. Failure to do so, the
lady shall be free to take appropriate steps under the options
available to her in accordance with law.
6. This Court expects that he will abide by the
undertaking given by him through his lawyer, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, Second Class, East
Champaran at Motihari, in connection with Complaint Case
No. 794 of 2024 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
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document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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