Patna High Court
Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and a condition to deposit Rs. 4,000 per month as maintenance.
Summary
Kamlesh Kumar was arrested in a case registered under Sections 115(2), 126(2), 109, 85, 351 and 352 of the Bhartiya Nyaya Sanhita for allegedly assaulting and burning his wife, Aarti Kumari, during a marital dispute. The petitioner claimed he was falsely implicated and offered to pay Rs. 4,000 per month as maintenance to the wife pending the outcome of the criminal and any matrimonial proceedings. The wife’s counsel accepted the offer, stating she was on the verge of starvation. The High Court, after hearing both sides, decided to grant anticipatory bail to the petitioner, imposing a bail bond of Rs. 10,000 with two sureties and conditioning the bail on the monthly maintenance payment starting 10 May 2026. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bhartiya Nyaya Sanhita.
- Whether the court can impose a condition of monthly maintenance payment as part of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 351, 352, 85
Subjects
- anticipatory bail
- domestic violence
- maintenance
- marital dispute
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88998 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- BIND District- Nalanda
======================================================
Kamlesh Kumar S/o Bhonu Raut Resident of Village - Aamaiya, P.S - Bind,
District - Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aarti Kumari W/o Kamlesh Kumar R/o Village - Peshaur, P.S - Rahui,
District - Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Singh
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 06-04-2026 1. Heard learned counsel for the petitioner, learned counsel
for the complainant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Bind Police Station Case No. 160 of 2025, dated
10.08.2025, registered for the offences punishable under
Sections 115(2)/126(2)/109/85/351/352 of the Bhartiya
Nyaya Sanhita.
3. The prosecution story, as per First Information Report, is
that the marriage of the Opposite Party No. 2 was
solemnized with the petitioner seven years ago and from
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the wedlock they have two children. It has further been
alleged that the petitioner is involved with another woman
and upon objection, the informant-opposite party no. 2 is
subjected to cruelty and assault. On 10.08.2025, when the
informant objected the informant, when he was speaking
with other woman, she was assaulted and her various
body parts were burnt with hot utensils with an intention
to kill.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case due
to matrimonial dispute. However, without prejudice to the
right and contention of the petitioner, and in order to
maintain harmony in the family, the petitioner is ready
and willing to pay a sum of Rs. 4,000/- per month to the
Opposite Party No. 2 as living cost, subject to the final
outcome of the present case as well as the matrimonial
case, if any, pending and/or decided between the parties.
5. Learned counsel for the complainant-Opposite Party No.
2 accepts the offer so made by learned counsel for the
petitioner and submits that opposite party no. 2 is at the
verge of starvation and the petitioner may be directed to
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deposit the said amount of Rs. 4,000/- per month in the
bank account of the complainant-Opposite Party No. 2,
details of which shall be furnished by learned counsel for
the Opposite Party No. 2 to learned counsel for the
petitioner within ten days from today.
6. After having heard learned counsel for the parties and
taking into consideration the materials on record and the
fact that the offer made by learned counsel for the
petitioner has been accepted by learned counsel for the
Opposite Party No. 2, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest/surrender before the learned Court below within a
period of six weeks from today, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Biharsharif, Nalanda,
in connection with Bind Police Station Case No. 160 of
2025
9. This is subject to the condition that the petitioner shall
deposit a sum of Rs. 4,000/- per month in the bank
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account of Opposite Party No. 2, staring from 10th May,
2026.
(Anil Kumar Sinha, J)
ashwani/-
U T
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