Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64677 of 2025 Arising Out of PS. Case No.-1381 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Amit Kumar Son of Gauri Shankar Khan Resident of Village- Bangaon West, Ward No.2, P.S.- Bangaon, Dist- Saharsa ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Guddi Kumari @ Guddi Devi Wife of Amit Kumar Resident of villageMahishi, Ps- Mahishi, Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha For the Opposite Party/s :
Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2026
1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 1381C of 2023, registered for the offences punishable under Sections 498(A) and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. As per the complaint, complainant's marriage was solemnized in 2017 as per Hindu rites with the petitioner, and that gift was given at the time of marriage. A male child was born in 2018. She has alleged that her husband resided at her parental home and demanded a piece of land at the time of Bidagari. Upon non-fulfilment of the said demand, she was subjected to torture. It is further
Patna High Court CR. MISC. No.64677 of 2025(6) dt.24-02-2026 2/3 alleged that despite a meeting being convened, the accused persons remained adamant for execution of a sale deed of land, which led to filing of the present complaint case.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 4,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and says that complainant is at the verge of starvation and submits that the petitioner may be directed to deposit the said amount of Rs. 4,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the
Patna High Court CR. MISC. No.64677 of 2025(6) dt.24-02-2026 3/3 petitioner within ten days from today.
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Saharsa, in connection with Complaint Case No. 1381C of 2023.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 4,000/- per month in the bank account of Opposite Party No. 2, staring from 10th March, 2026.
(Anil Kumar Sinha, J) HarshPandey/- U T