Patna High CourtCR. MISC./49207/2025bail granted

Akash Kumar v. The State Of Bihar

2026-01-09Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49207 of 2025 Arising Out of PS. Case No.-242 Year-2022 Thana- NASRIGANJ District- Rohtas ====================================================== Akash Kumar S/o- Sudarshan Singh Village- Paduri PO- Sohagi PSNasariganj District-Rohtas ... ... Petitioner/s

Versus

The State of Bihar 2.

Munni Kumari W/o- Akash Kumar, D/o- Kamata Singh Village- Paduri PoSohagi Ps- Nasriganj Dist- Rohtas A/P- Wardiha Po Ps- Nasariganj DistRohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP For the O.P. No. 2 :

Mr. Prasoon Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-01-2026

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the O.P. No. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A and 34of the Indian Penal Code.

3. The petitioner and the O.P. No. 2, in compliance of the order dated 05.12.2025, are present in the Court.

4. It is submitted that the case was earlier fixed for 12.12.2025, but on the said date, the Division Bench was formed, as such, the case could not be taken up, but then petitioner and the O.P. No. 2 were present in the Court on that

Patna High Court CR. MISC. No.49207 of 2025(6) dt.09-01-2026 2/3 date also.

5. The petitioner, who is present in the Court, submits that he is staying with the O.P. No. 2 and the child.

6. The O.P. No. 2 does not dispute the said submission of the petitioner, but then submits that petitioner is posted at Jharkhand with the CISF and is not taking her along with the child to Jharkhand rather she is staying at her matrimonial home at Rohtas, on which the petitioner submits that he does not have a government accommodation and has applied for allotment of a family quarter and the moment the quarter is allotted, he will take the O.P. No. 2 along with the child to Jharkhand i.e. his present place of posting, the petitioner also submits that if within 3-4 months, the government quarter is not allotted, in that event he will take a room on rent at his place of posting and he will take the O.P. No. 2 and the child along with him.

7. The O.P. No. 2 also does not dispute the said submission, but then submits that it might be a ploy of the petitioner not to take her to his place of posting.

8. After hearing the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six

Patna High Court CR. MISC. No.49207 of 2025(6) dt.09-01-2026 3/3 weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nasriganj P.S. Case No. 242 of 2022 subject to the conditions as laid down under Section 482 (2) of BNSS.

9. It is made clear that the O.P. No. 2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner in the event if petitioner does not take her along with the child to his present place of posting within a period of six months from today.

10. Accordingly, the instant anticipatory bail application is allowed.

(Satyavrat Verma, J) Rishabh/- U T