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Patna High CourtCR. MISC./90393/2025bail granted

Kundan Kumar v. The State Of Bihar

2026-06-18Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90393 of 2025 Arising Out of PS. Case No.-374 Year-2025 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Kundan Kumar S/O Dinesh Ray Resident of Village- Birsinghpur, P.SKalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sakshi Kumari D/O Birendra Rai @ Bechan Rai R/O Village- Madhopur, P.O- Bishanpur, P.S- Warisnagar, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Gauri Shankar Gupta For the O.P. No. 02 :

Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-06-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 374 of 2025 for the alleged offence under Sections 85 and 3(5) and Section 4 of the DP Act.

3. As per the prosecution case, the petitioner and others are accused of assaulting and torturing the victim for demand of dowry.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case.

5. Learned APP for the State has opposed the

Patna High Court CR. MISC. No.90393 of 2025(4) dt.18-06-2026 2/3 application of the petitioner.

6. Considering the submission of the parties and in light of the law laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, this application for grant of anticipatory bail is allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 374 of 2025 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS and with further condition that: (I). The petitioner is directed to pay a maintenance amount of Rs. 5000/- from the month of June to the complainant/informant. The maintenance for the month of June 2026 shall be paid to the complainant/informant within ten days from today, and thereafter, the maintenance amount shall be paid to the complainant/informant every month before the 10th day of each month.

8. It is made clear that the order of maintenance

Patna High Court CR. MISC. No.90393 of 2025(4) dt.18-06-2026 3/3 passed by this Court shall be subject to the outcome of the maintenance case in the Court of Principal Judge, Family Court concerned, if any.

9. Needless to state that, if the petitioner fails to abide by the terms and conditions, as stated hereinabove, the State shall be at liberty to file an appropriate application, before the learned concerned Court below for cancellation of bail granted to the petitioner.

10. Let a copy of this order be communicated to the Principal District & Sessions Judge, Samastipur through FAX for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U