Patna High Court
YANSH KUMAR @ RAHULversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
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.
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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
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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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