Patna High Court
Gaurav Singh @ Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified conditions, finding that the circumstances warranted relief under Section 438 CrPC.
Summary
The petitioner, Gaurav Singh, was implicated in a complaint alleging assault, torture, and dowry demands under IPC sections 323, 504, 498A and 34, and Section ¾ of the Dowry Prohibition Act. He filed an application for anticipatory bail, claiming innocence and asserting that he is the husband of the complainant. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a condition to pay monthly maintenance of Rs.5,000 to the complainant. The order also stipulated that the maintenance condition is subject to any pending family‑court proceedings and that non‑compliance may lead to cancellation of bail. The order was communicated to the District & Sessions Judge for implementation.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged dowry‑related offences under IPC and the Dowry Prohibition Act.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482 of the BNSS are valid and enforceable.
- Whether the court can condition anticipatory bail on the payment of maintenance to the complainant.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 34, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- Section 438 CrPC
- Section 482 BNSS
- family law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15019 of 2025
Arising Out of PS. Case No.-6 Year-2024 Thana- COMPLAINT CASE - SHERGHATI
District- Gaya
======================================================
Gaurav Singh @ Gaurav Kumar S/O Dukhan Ram R/O Mohalla- Murli Hill
Bairagi, Gaya, Near- Masjid, P.S- Delha, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khushboo Kumari @ Khushboo Singh W/O Gaurav Singh @ Gaurav
Kumar, D/O Nagendra Singh R/O Village/Mohalla- Murli Hill, Bairagi
More, P.S- Delha, Distt.- Gaya. and at present Village- Ithari, P.O- Rajan,
P.S- Gurua, Distt.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh
For the Opposite Party/s : Mr. Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 17-02-2026 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. 06 of 2024 in which cognizance for
the offence under Sections 323, 504, 498A and 34 of the IPC
and Section ¾ of the DP Act has been taken against the
petitioner and others.
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
Patna High Court CR. MISC. No.15019 of 2025(8) dt.17-02-2026
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petitioner that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that the petitioner is
the husband of the complainant and is ready to keep his wife
with full dignity and honour.
5. Learned counsel for the State has opposed the
application of the petitioner.
6. Considered 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 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 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.,
Sherghati, Gaya/concerned Court below in connection with
Complaint Case No. 06 of 2024 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 will pay a
maintenance amount of Rs. 5,000/- from the
month of February 2026 to the complainant
Patna High Court CR. MISC. No.15019 of 2025(8) dt.17-02-2026
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and the maintenance for the month of
February 2026 shall be paid to the
complainant before 25.02.2026 and
thereafter the maintenance amount shall be
paid to the informant every month before the
10th day of the month.
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court
Gaya, 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, Gaya through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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