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Patna High Court

Bablu Kumar @ Kumar SaurabhversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner, subject to bond, sureties and a monthly maintenance payment condition.

Summary

The petitioner, Bablu Kumar, sought anticipatory bail fearing arrest in CR No. 1752 of 2024 for alleged assault and torture of a victim to demand dowry under Section 85 of the Bharatiya Nyaya Sanhita. The State opposed the bail, but the Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail. The bail was conditioned on a Rs.10,000 bond with two sureties, compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, and a direction to pay monthly maintenance of Rs.10,000 to the complainant. The Court also ordered the Family Court to conclude the related maintenance case within three months and to proceed ex‑parte against the non‑cooperating party. The order warned that failure to comply could lead to cancellation of bail, and it was communicated to the lower court for implementation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in a case involving alleged dowry‑related assault under Section 85 BNSS.
  • Whether the Court can impose a maintenance payment obligation as a condition of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 85 BNSS
  • maintenance order
  • Criminal Procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84131 of 2025
                  Arising Out of PS. Case No.-1752 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Bablu Kumar @ Kumar Saurabh S/o Ghanshyam Paswan R/o vill- ward no.
                 1, Goan- Bhatgama, P.S. - Dalsinghsarai, District - samastipur

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar
           2.    Nisha Kumari D/o Subodh Paswan R/o vill - Hakimabad, P.S.- Samastipur
                 Muffasil, Distt.- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Manoj Kumar Singh, Advocate
                 For the State          :      Mr.Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   18-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with C.R. Case No. 1752 of 2024 for the offences under Section

                   85 of the Bharatiya Nyaya Sanhita.

                                    3. As per the prosecution case, the petitioner is

                   accused of assaulting and torturing the victim for demand of

                   dowry.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case.

                                    5. Learned counsel for the State has opposed the
Patna High Court CR. MISC. No.84131 of 2025(5) dt.18-06-2026
                                            2/3




          application of the petitioner.

                          6. Considering the submission of the parties and in

          view of the law laid down by the Hon’ble Supreme Court in the

          case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8

          SCC 273, this application for grant of anticipatory bail is

          allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          six weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned SDJM,

          Samastipur/concerned Court below in connection with CR Case

          No. 1752 of 2024, subject to the conditions laid down in Section

          438(2) of the Code of Criminal Procedure, 1973 / Section 482 of

          the BNSS.

                          8. The Principal Judge, Family Court, Samastipur is

          directed to conclude the proceedings of Maintenance Case No.

          247 of 2024 within three months from the date of

          communication of this order. The Principal Judge, Family Court,

          Samastipur is also directed to proceed ex-parte against the non-

          cooperating party.

                       9. As a condition of this order, the petitioner is
           Patna High Court CR. MISC. No.84131 of 2025(5) dt.18-06-2026
                                                       3/3




                     directed to pay a maintenance amount of Rs. 10,000/- from the

                     month of June 2026 to the complainant/informant. The

                     maintenance for the month of June 2026 shall be paid to the

                     complainant/informant within ten days from today, and

                     thereafter, the maintenance amount shall be paid to the

                     complainant/informant every month before the 10th day of each

                     month.

                                  10. It is made clear that the order of maintenance

                     passed by this Court shall be subject to the outcome of the

                     maintenance case as mentioned above.

                                  11. Needless to state that, if the petitioner fails to

                     abide by the terms and conditions, as stated hereinabove, the

                     State shall be at liberty to file an appropriate application, before

                     the learned concerned Court below for cancellation of bail

                     granted to the petitioner.

                                  12. Let a copy of this order be communicated to the

                     Principal District and Sessions Judge, Samastipur/ concerned

                     Court below through FAX for its compliance forthwith.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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