Patna High Court
Nagendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for anticipatory bail, subject to bond, surety and maintenance conditions.
Summary
Nagendra Kumar applied for anticipatory bail fearing arrest in a dowry harassment case (Section 498A IPC and Section 3 of the Dowry Prohibition Act) where he is alleged to have assaulted the victim. He claimed innocence, stating he was falsely implicated and is the husband of the informant. The State opposed the bail, but the court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail. The bail was conditioned on a Rs.10,000 bond with two sureties, compliance with Section 438(2) CrPC and Section 482 CrPC, and a monthly maintenance payment of Rs.6,000 to the complainant. The order also made the maintenance provision subject to any pending family court proceedings and warned that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case involving alleged dowry harassment under Section 498A IPC and Section 3 DP Act.
- Whether the court can impose a maintenance payment as a condition of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- Section 3 Dowry Prohibition Act
- maintenance order
- CrPC
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15200 of 2025
Arising Out of PS. Case No.-482 Year-2023 Thana- MADANPUR District- Aurangabad
======================================================
Nagendra Kumar Son of Tulsi Mahto Resident of Village -Khiriawan, P.S.-
Madanpur, Distt.- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anjali Devi Wife of Nagendra Kumar R/O-Village- Khiriawan, P.S.-
Madanpur, Distt.- Aurangabad, at present R/O- Amba Chilki Bigha, P.S.-
Amba, Distt.- Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh
For the Opposite Party/s : Mr. Pradeep Narain Kumar
For the O.P. No. 2 : Ms. Kumari Chandna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-02-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the O.P. No. 2.
2. The petitioner apprehends his arrest in connection
with Madanpur P.S. Case No. 482 of 2023 registered for the
offence under Sections 498(A) of the Indian Penal Code and
Section ¾ 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. He further submits that the petitioner is
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the husband of the informant.
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 Chief
Judicial Magistrate, Aurangabad/concerned Court below in
connection with Madanpur P.S. Case No. 482 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. 6000/- 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
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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
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, Aurangabad through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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