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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted where the petitioner is not a flight risk and the complainant’s financial needs can be met through a court‑ordered monthly payment.

Summary

Petitioner Pankaj Kumar was implicated in a dowry‑related domestic violence case (PS case No. 348 of 2025) alleging assault with a helmet and bricks. He applied for anticipatory bail, asserting innocence and offering to pay Rs. 4,000 per month to the complainant to meet her living expenses. The complainant, facing starvation, accepted the offer. The Court considered the merits of the anticipatory bail application, the petitioner’s willingness to provide financial support, and the need to ensure the complainant’s welfare. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit Rs. 4,000 monthly in the complainant’s bank account. The order was made subject to the petitioner’s surrender or arrest within six weeks.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC can be granted to the petitioner.
  • Whether the petitioner’s offer to pay monthly maintenance to the complainant influences the grant of bail.
  • What conditions may be imposed while granting anticipatory bail in a domestic violence case.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • domestic violence
  • Section 438 CrPC
  • IPC
  • bail conditions
  • family harmony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90846 of 2025
                       Arising Out of PS. Case No.-348 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Pankaj Kumar S/o Ramesh Yadav R/O Village- Chand Chakiya, P.S.- Lahsuna
                 (Masaurhi), Dist.- Patna,, And Presently R/at Mohalla- Rahimpur, P.S.- Parsa
                 Bazar, Dist.- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, App.
                 For the Informant        :       Mr. Vageshwar Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   02-04-2026                     1. Heard learned Counsel for the petitioner, learned

                   Counsel for the informant-Opposite Party No. 2 and learned

                   Additional Public Prosecutor for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Lahsuna (Masaurhi) P.S. Case No. 348 of 2025,

                   registered for the offences punishable under Sections 191(2),

                   190, 126(2), 115(2), 117(2), 85 and 352 of the BNS, 2023.

                                   3. As per the prosecution story, the informant

                   alleges that after her marriage in 2013, her husband and in-laws

                   subjected her to cruelty for a dowry demand of Rs.1 lakh. On

                   18.04.2025, the petitioner and other accused persons allegedly

                   assaulted her with a helmet and bricks, intending to kill her, but

                   she was rescued by her maternal family members.
Patna High Court CR. MISC. No.90846 of 2025(3) dt.02-04-2026
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                          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.

          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 between the parties.

                          5. Learned Counsel for the complainant-Opposite

          Party No. 2 submits that the O.P. No. 2 is at the verge of

          starvation and has a daughter to take care of, and accepts the

          offer so made by learned Counsel for the petitioner and submits

          that the petitioner may be directed to 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
           Patna High Court CR. MISC. No.90846 of 2025(3) dt.02-04-2026
                                                       3/3




                     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

                     Sub-Divisional Judicial Magistrate, Masaurhi, Patna, in

                     connection with Jhanjharpur Lahsuna (Masaurhi) P.S. Case No.

                     348 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 account

                     of Opposite Party No. 2 positively, starting from 15th April,

                     2026.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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