Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 115(2), 117(2), 126(2), 190, 191(2), 352, 85
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
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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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