Patna High Court
Bablu Kumar @ Kumar SaurabhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 482, 85
- Criminal Procedure Code — s. 438(2)
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
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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
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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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