Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13282 of 2026 Arising Out of PS. Case No.-67 Year-2025 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Kanhaiya Kumar S/O Rampravesh Chaudhary @ Chuti Singh R/O Vill.- Hemarpur, P.s.- Samho, Dist.- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anshu Kumari W/O Kanhaiya Kumar, D/O Satish Kumar R/O Vill.- Hemarpur, P.s.- Samho, Dist.- Begusarai. Presently R/O Parsawa, P.S.- Ramgarh Chowk, Dist.- Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Khushi Awadh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case no 67 of 2025 punishable under sections 85, 82, 352, 3(5) of the BNS 2023 and under sections 3 & 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that this matter was referred for Mediation, but the dispute between the parties could not be resolved. At this stage, learned counsel for the petitioner submits because of petitioner's low earning, the opposite party no 2 has deliberately decided not to live with this petitioner and further a maintenance case has also been filed

Patna High Court CR. MISC. No.13282 of 2026(4) dt.18-05-2026 2/3 before the Family Court for grant of maintenance.

4. On the other hand, learned counsel for the informant submits that though a maintenance case has been filed by the petitioner but the petitioner has chosen not to appear before the Family Court in maintenance case, as such, the petitioner may be directed to appear in the said maintenance case and in this regard, some amount may also be directed to be paid by this petitioner to the informant to pursue her remedy.

5. Under the submission of the informant, the petitioner has voluntarily agreed to pay Rs. 15,000 towards maintenance, which would not be clubbed with the maintenance allowance, likely to be directed by the Family Court, in which petitioner undertakes to appear, in the said maintenance case, within two weeks from today. The informant is also directed to furnish her account details to the learned counsel for the petitioner, so that the amount of Rs. 15,000 could be transferred by the petitioner to the informant within a period of two weeks from today.

6. In view of the above, the petitioner is directed to appear in the maintenance case and is also directed to pay Rs. 15,000/- to the informant to pursue her remedy in maintenance case.

Patna High Court CR. MISC. No.13282 of 2026(4) dt.18-05-2026 3/3

7. Considering the submissions made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai Court where the case is pending/successor court in connection with Mahila P.S. Case No. 67 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Ajit Kumar, J) sanjeev/- U T