Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88998 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- BIND District- Nalanda ====================================================== Kamlesh Kumar S/o Bhonu Raut Resident of Village - Aamaiya, P.S - Bind, District - Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Aarti Kumari W/o Kamlesh Kumar R/o Village - Peshaur, P.S - Rahui, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajeet Singh For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2026
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 Bind Police Station Case No. 160 of 2025, dated 10.08.2025, registered for the offences punishable under Sections 115(2)/126(2)/109/85/351/352 of the Bhartiya Nyaya Sanhita.
3. The prosecution story, as per First Information Report, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner seven years ago and from
2/4 the wedlock they have two children. It has further been alleged that the petitioner is involved with another woman and upon objection, the informant-opposite party no. 2 is subjected to cruelty and assault. On 10.08.2025, when the informant objected the informant, when he was speaking with other woman, she was assaulted and her various body parts were burnt with hot utensils with an intention to kill.
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 due to matrimonial dispute. 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 submits that opposite party no. 2 is at the verge of starvation and the petitioner may be directed to
3/4 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 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 Chief Judicial Magistrate, Biharsharif, Nalanda, in connection with Bind Police Station Case No. 160 of
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 4,000/- per month in the bank
4/4 account of Opposite Party No. 2, staring from 10th May, 2026.
(Anil Kumar Sinha, J) ashwani/- U T