Patna High Court – Orders
Kundan Sah vs The State Of Bihar on 9 March, 2026
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73625 of 2025
Arising Out of PS. Case No.-315 Year-2025 Thana- PAKRIDAYAL District- East Champaran
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Kundan Sah S/o Manoj Sah R/o Village - Madhurap, P.S - Phenhara, District -
East Champaran At Present R/o Village - Pakaridayal, P.S - Pakaridayal,
District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ragani Kumari W/o Kundan Sah D/o Late Dinanath Prasad, R/o -
Pakaridayal, Near Girja Vivah Bhawan, P.S - Pakaridayal, District - East
Champaran
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Parmanand Prasad
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026
Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Pakhridayal P.S. Case No. 315 of 2025 registered for the
offence under Sections 126(2), 115(2), 329(4), 76, 85, 92, 109,
352, 351(2), 3(5) of the Indian Penal Code and under section ¾
of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner is
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
Patna High Court CR. MISC. No.73625 of 2025(3) dt.09-03-2026
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been implicated in this case.
5. Learned counsel for the State and learned
counsel for the informant has opposed the application of the
petitioner.
6. Considering the aforesaid facts along with the
submission of the parties and in view 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 of
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
six weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, East Champaran at Motihari/concerned Court below
in connection with Pakhridayal P.S. Case No. 325 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 10,000/- from the
month of March, 2026 to the informant and the maintenance for
the month of March, 2026 shall be paid to the informant within
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ten days of pronouncement of this order and thereafter the
maintenance amount from the month of April, 2026 shall be
paid to the informant every month before the 10 th day of the
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
Vikas/-
U
