Anshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61318 of 2025 Arising Out of PS. Case No.-1250 Year-2023 Thana- BIHTA District- Patna ====================================================== Anshu Kumar S/O Gulzari Yadav R/O Village- Chamandih, P.S.- Kurtha, Distirct- Arwal ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanju Kumari D/O Mithlesh Yadav R/O Vill.- Hiramanpur, P.o.- Amhara, P.S.- Bihta, Dist.- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Ankita Kumari, Advocate For the State :
Mr. Jitendra Kumar Singh, APP For the O.P. No. 2 Mr. Surendra Mishra, Advocate Mrs. Rachna Shukla, Advocate Mr. Rajiv Ranjan Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-01-2026 Heard Ms. Ankita Kumari, learned counsel for the petitioner, Mr. Jitendra Kumar Singh, learned APP and Mr. Surendra Mishra representing the opposite party no. 2 duly assisted by learned counsel, Mrs. Rachna Shukla.
2. The petitioner is apprehending his arrest in connection with Bihta P.S. Case No. 1250 of 2023 registered for the offence punishable under Sections 498(A) of the Indian Penal Code and section 3 and 4 of the Dowry Prohibition Act, lodged on 16.12.2023 by the informant Sanju Kumari.
3. As per the prosecution story, the informant alleged
2/5 that she was married to the petitioner but was always tortured for dowry. As the parents were unable to pay the amount, the harassment continued and finally, she was thrown out of the house in the year 2022. This led to the FIR.
4. Earlier, notice was issued to the informant who has appeared and thereafter, an order passed on 17.12.2025 allowing the couple to stay together for some time and come to the Court on 16.01.2026.
5. Today, on call, when the matter was taken up, it was informed by learned counsel for the petitioner that he went to the lady's house on 19.12.2025 but had to return without the wife.
6. The wife is also present in the Court, has countered it and submitted that he was not interested in taking her back and to her knowledge, he has re-married.
7. Earlier, the Coordinate Bench and later, this Court wanted the couple to stay together but the present scenario do not allow this Court to further pursue the matter regarding their union.
8. On instruction, learned counsel for the petitioner submits that till they come to terms and/or start living together, he on his own shall be handing over Rs. 8,000/- per month to
3/5 the lady which shall go in her Bank Account No. 446711610000130 of Bank of India situated in Bihta, Bihar by tenth of every month and failure to do so, the lady shall be free to take steps for cancellation of the bail bond.
9. Learned counsel for the opposite party no. 2 on the other hand submits that her father is paralyzed, she is on the mercy of the brothers and would like to do some work.
10. Upon query, it was informed that she has studied upto class tenth but could not appear in the board examination.
11. In that background, the Block Development Officer, Bihta, Patna is directed to look into the matter, visit the home of the opposite party no. 2, provide her the certificates that she is in need of and ensure that the lady is attached with the Jeevika Group as per her wish and the talent.
12. The Block Development Officer, Arwal, Patna shall be filing an affidavit through Mr. Jitendra Kumar Singh, learned APP by 06.02.2026 when the matter shall come under the heading 'To be Mentioned'.
13. Since the petitioner on his own has chosen to pay Rs. 8,000/- per month to the lady till they come to an amicable settlement, case is there, he shall be facing the trial and has no criminal antecedent, in that background, this Court is inclined to
4/5 extend him privilege of anticipatory bail.
14. It is made clear that this is subject to the payment of Rs. 8,000/- per month to the lady by tenth of every month in her bank account and failure to do so, the lady shall be free to take steps for the cancellation of the bail bond.
15. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-V, Danapur in connection with Bihta P.S. Case No. 1250 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter I.D. Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
5/5 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
16. Before parting, this Court would like to put on record its word of appreciation for Ms. Ankita Kumari, learned counsel for the petitioner and Mr. Surendra Mishra, learned opposite party no. 2 for the strenuous effort that was taken by them for taking the matter to its logical conclusion. (Rajiv Roy, J) Adnan/- U T