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Patna High Court

YANSH KUMAR @ RAHULversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner with specified conditions.

Summary

The petitioner, Yansh Kumar, sought anticipatory bail fearing arrest in a complaint (No. 490(C) of 2024) filed under Section 85 of the Bharatiya Nyaya Sanhita alleging assault and torture of a victim for dowry. The prosecution alleged his involvement, while the petitioner claimed innocence. The court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, invoking Section 438(2) of the CrPC and Section 482 of the BNSS. Additionally, the court ordered the petitioner to pay a monthly maintenance of Rs.10,000 to the informant, pending the outcome of a separate maintenance case. The petitioner and informant were directed to appear before the Additional Principal Judge on a specified date for the maintenance proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in a case involving alleged dowry‑related assault under Section 85 BNSS.
  • Whether the court can condition anticipatory bail on a maintenance payment to the informant pending a separate maintenance suit.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • assault
  • maintenance order
  • Section 85 BNSS
  • Section 438 CrPC
  • Section 482 BNSS
  • Arnesh Kumar principle
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91064 of 2025
                   Arising Out of PS. Case No.-490 Year-2024 Thana- COMPLAINT CASE - MASAURHI
                                                      District- Patna
                 ======================================================
                 Yansh Kumar @ Rahul S/O Late Nagendra Singh R/o vill - Charhi, P.S.-
                 Charhi, Distt.- Hazaribag, Jharkhand

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Sarita Kumari D/o Sunil Singh R/o vill - Dhanauti, P.S.- Masaurhi, Distt.-
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Tribhuwan Narayan, Advocate
                 For the State          :      Mr.Ahmad Ali, APP
                 For the Informant      :      Mr. Jitesh Singh, Advocate
                                               Mr. Mayank Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioner; learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner apprehends arrest in connection with

                   Complaint Case No. 490(C) of 2024 instituted under Sections

                   85 of the Bharatiya Nyaya Sanhita.

                                 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.
Patna High Court CR. MISC. No.91064 of 2025(2) dt.28-01-2026
                                            2/3




                       5. Learned counsel for the informant has opposed the

          application of the petitioner.

                       6. Considering the submission of the parties and in

          view 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 of 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 bail on furnishing bail bond of

          Rs. 10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Additional Chief

          Judicial Magistrate-1st, Masaurhi, Patna/concerned Court below

          in connection with Complaint Case No. 490(C) of 2024, subject

          to the conditions laid down in Section 438(2) of the Code of

          Criminal Procedure, 1973 / Section 482 of the BNSS.

                       8. As a condition of this order, the petitioner is

          directed to pay a maintenance amount of Rs. 10,000/- from the

          month of January, 2026 to the informant and the maintenance

          for the month of January, 2026 shall be paid to the informant

          within one week from the date of pronouncement of the order

          and thereafter the maintenance amount shall be paid to the
           Patna High Court CR. MISC. No.91064 of 2025(2) dt.28-01-2026
                                                       3/3




                     informant every month before the 10th day of the month.

                                  9. It is made clear that the order of maintenance

                     passed by this Court shall be subject to the outcome of

                     Maintenance Case No. 346 of 2024 pending before the

                     Additional Principal Judge, Patna/ concerned Court.

                                  10. Further, learned counsel for the petitioner

                     undertakes to appear in the Court of the Additional Principal

                     Judge, Patna/ concerned Court in connection with Maintenance

                     Case No. 346 of 2024 on 09.02.2026.

                                  11. Learned counsel for the informant will also appear

                     on the same date before the Additional Principal Judge and

                     thereafter the Additional Principal Judge, Patna will fix a date

                     and proceed with the maintenance case and decide the same

                     within three months from 09.02.2026, which will proceed ex-

                     parte against the non-cooperating party.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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