Patna High Court
Gopal Kumar Das @ Rajpal DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 438 CrPC.
Summary
The petitioner, Gopal Kumar Das, sought anticipatory bail in a complaint (No. 213(C) of 2023) alleging offences under Section 498A of the IPC for dowry-related assault. The State opposed the bail, arguing the seriousness of the allegations. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the High Court examined whether the petitioner’s arrest was justified and whether anticipatory bail under Section 438 CrPC was appropriate. The Court held that the petitioner was entitled to anticipatory bail, subject to conditions including a bail bond, sureties, and a maintenance order in favour of the complainant. The order also stipulated that non‑compliance could lead to cancellation of bail and that the maintenance direction is subject to any pending family court proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a 498A dowry harassment case.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrests.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- dowry harassment
- Section 438 CrPC
- Arnesh Kumar principle
- maintenance order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11773 of 2025
Arising Out of PS. Case No.-213 Year-2023 Thana- COMPLAINT CASE District- Lakhisarai
======================================================
Gopal Kumar Das @ Rajpal Das S/O Late Hari Lal Das R/o Village- Mubrak
Chak, P.S- Muffasil, Distt.- Munger
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anupam Kumari D/O Sakaldeo Das R/O Vill.- Khaira(Mahsoni), P.S- Piri
Bazar, Dist- Lakhisarai, W/O - Gopal Kumar Das @ Rajpal Das.Village-
Mubrak Chak, P.S- Muffasil, Distt.- Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar Choudhary
For the Opposite Party/s : Mr. Gauri Shankar Gupta
Mr. Mukesh Kumar
Mr. Bijay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the O.P.
No. 2.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 213(C) of 2023 for the offences
underSection 498A of the Indian Penal Code.
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
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implicated in this case.
5. Learned APP for the State has opposed the
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 S.D.J.M,
Lakhisarai/concerned Court below in connection with
Complaint Case No. 213(C) of 2023 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. 10,000/- from the
month of February 2026 to the
complainant/informant. The maintenance for the
month of February 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
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every month before the 10th day of each month.
8. It is made clear that the order of maintenance
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, Lakhisarai through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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