Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38111 of 2026 Arising Out of PS. Case No.-965 Year-2025 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Arun Kumar S/o Keshar Prasad Yadav R/o Village- Bhadauni, Gaya Road, P.O. and PS and District- Nawada, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sindhu Kumari D/o Shree Kailash Prasad, W/o Arun Kumar R/o vill - Ledha, P.s.- Namedarganj, Distt.- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Muskan Singh, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No. 965 of 2025 registered for offences under Sections 115(2) and 85 of B.N.S.

3. As per the prosecution case, the petitioner is the husband of the victim and he is alleged to have tortured the victim for dowry.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. Learned counsel submits that the petitioner and the O.P. No. 2 are having a matrimonial dispute. She further submits that the

Patna High Court CR. MISC. No.38111 of 2026(2) dt.16-06-2026 2/3 O.P. No. 2 had filed a Maintenance Case No. 162(M)/2025 in which interim maintenance amount of Rs. 12,000/- has been allowed. She further submits that the maintenance amount is being paid regularly to the O.P. No. 2 by the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and the law laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. The State of Bihar reported in (2014) 8 SCC 273, this application for anticipatory bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Complaint Case No. 965 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

8. At the time of accepting the bail bond of the petitioner, the court below will verify the payment of the

Patna High Court CR. MISC. No.38111 of 2026(2) dt.16-06-2026 3/3 maintenance amount by the petitioner to the O.P. No. 2 and will accept the bail bond of the petitioner only if the maintenance payment is being made to the O.P. No. 2.

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

10. The Principal Judge, Family Court, Nawada is directed to decide the maintenance case within three months of communication of this order. He will proceed ex-parte against the non-cooperating party and file a report in this Court after three months.

11. List this case under heading 'For Orders' after three months.

(Sandeep Kumar, J) sadique/- U T