Patna High Court
Manish @ Manish Pagla @ Manish Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to Amit Kumar, subject to specified bail bond, sureties and maintenance conditions.
Summary
The petitioner, Amit Kumar, sought anticipatory bail fearing arrest in a dowry‑related case (Biraul P.S. Case No. 68 of 2024) involving offences under Sections 498A, 494, 384, 420 of the IPC and Section 3 of the Dowry Prohibition Act. He contended that the FIR contained no specific allegation against him and that he was falsely implicated. The State and the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the Court granted anticipatory bail, imposing a bail bond of Rs 10,000 with two sureties and ordering the petitioner to pay a monthly maintenance of Rs 8,000 to the complainant, subject to any family‑court maintenance order. The order also warned that non‑compliance could lead to cancellation of bail. The order was communicated to the District & Sessions Judge for implementation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged dowry‑related offences.
- Whether the conditions imposed, including a maintenance direction, are lawful and appropriate.
- Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests.
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 384, 420, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- maintenance order
- Criminal Procedure Code
- Arnesh Kumar principle
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15534 of 2025
Arising Out of PS. Case No.-68 Year-2024 Thana- BIRAUL District- Darbhanga
======================================================
Amit Kumar S/O Virendra Prasad Singh R/O Village- Mustafapur, P.S.-
Suryagarh, Dist.- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nidhi Raj W/O Amit Kumar, D/O Upendra Kumar Sahu R/O Village-
Mustafapur, P.S.- Suryagarh, Dist.- Lakhisarai. At present R/O Vill.- Supaul
Bazar Tole Kewa, P.S.- Biraul, Dist.- Darbhanga.
3. Shekhar Sahoo, Father's name- Not Known, Mother's name- Nilam Devi
Vill-Ratnu Patti, Near Masjid PS- Laheriasari Dist- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam
Mr. Sameer Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 17-02-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the informant.
2. The petitioner apprehends his arrest in connection
with Biraul P.S. Case No. 68 of 2024 registered for the offence
under Sections 498(A), 494, 384, and 420 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
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implicated in this case. There is no specific allegation against
the petitioner as alleged in the FIR.
5. Learned counsel for the informant has opposed the
application of the petitioner.
6. Considering the submission of the parties and
considering 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 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 A.C.J.M.,
Benipur, Darbhanga/concerned Court below in connection with
Biraul P.S. Case No. 68 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 is directed to
pay a maintenance amount of Rs. 8,000/-
from the month of February 2026 to the
complainant/informant and the maintenance
for the month of February 2026 shall be
paid to the complainant/informant within ten
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days from today 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,
Darbhanga, 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, Darbhanga through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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