Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is warranted under Section 438 CrPC, applying the Arnesh Kumar principles, subject to strict conditions.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 374 of 2025) alleging offences under Sections 85, 3(5) and 4 of the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted and tortured the victim to demand dowry. The petitioner pleaded innocence and filed an application for anticipatory bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438 of the CrPC, subject to a bail bond, sureties and a monthly maintenance payment to the complainant. The order also stipulated that the maintenance condition is subject to any decision of the Family Court and that bail may be cancelled for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious dowry‑related allegations
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this case
Legislation cited
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3(5), 4, 85
Subjects
- anticipatory bail
- dowry prohibition
- Section 438 CrPC
- Section 482 CrPC
- maintenance order
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90393 of 2025
Arising Out of PS. Case No.-374 Year-2025 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Kundan Kumar S/O Dinesh Ray Resident of Village- Birsinghpur, P.S-
Kalyanpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sakshi Kumari D/O Birendra Rai @ Bechan Rai R/O Village- Madhopur,
P.O- Bishanpur, P.S- Warisnagar, Distt.- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra
For the Opposite Party/s : Mr.Gauri Shankar Gupta
For the O.P. No. 02 : Mr. Dilip Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 374 of 2025 for the alleged offence
under Sections 85 and 3(5) and Section 4 of the DP Act.
3. As per the prosecution case, the petitioner and
others are 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 APP for the State has opposed the
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application of the petitioner.
6. Considering the submission of the parties and in
light 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 four
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Complaint Case No. 374 of 2025 subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS and with further condition that:
(I). The petitioner is directed to pay
a maintenance amount of Rs. 5000/- 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.
8. It is made clear that the order of maintenance
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passed by this Court shall be subject to the outcome of the
maintenance case in the Court of Principal Judge, Family Court
concerned, if any.
9. 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.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Samastipur through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Vikas/-
U
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