Created by Fuzzy Cloud

Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.88998 of 2025(4) dt.06-04-2026
                                            2/4




                   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
Patna High Court CR. MISC. No.88998 of 2025(4) dt.06-04-2026
                                            3/4




                   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
            Patna High Court CR. MISC. No.88998 of 2025(4) dt.06-04-2026
                                                        4/4




                              account of Opposite Party No. 2, staring from 10th May,

                              2026.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.