Patna High Court
Virendra BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is warranted, subject to strict conditions, in accordance with Section 438(2) CrPC and the precedent set by Arnesh Kumar v. State of Bihar.
Summary
Virendra Bhagat applied for anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 131 of 2024) alleging offences under IPC sections 323, 504, 498A, 494 and 34. The prosecution alleged that the petitioner and others assaulted the complainant to extract dowry. The petitioner pleaded innocence and sought relief from arrest. The Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond of Rs.10,000, two sureties, and a monthly maintenance payment of Rs.7,000 to the complainant. Additional conditions required the complainant to furnish bank details for direct payment and made the order contingent on any pending maintenance proceedings in the Family Court. The Court warned that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
- Whether imposing a maintenance payment as a condition of anticipatory bail is permissible.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 323, 34, 494, 498A, 504
Subjects
- anticipatory bail
- Section 438 CrPC
- dowry harassment
- maintenance order
- Arnesh Kumar principle
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24379 of 2025
Arising Out of PS. Case No.-131 Year-2024 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Virendra Bhagat son of Ramakant Bhagat village- Chainpur, Ps- Hathua, Dist-
Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Devi wife of Virendra Bhagat village-Madholaal Mathiya, Ps-
Hathua, Dist- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey
For the Opposite Party/s : Mr. Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 09-03-2026 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. 131 of 2024 filed for the offence
under Sections 323, 504, 498A, 494/34 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
implicated in this case.
Patna High Court CR. MISC. No.24379 of 2025(6) dt.09-03-2026
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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,
Gopalganj/concerned Court below in connection with
Complaint Case No. 131 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. 7000/- from the
month of March 2026 to the
complainant/informant. The maintenance for the
month of March 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
every month before the 10th day of each month.
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(II). It is clarified that the
complainant shall appear in the Court below
and provide her bank account details, and
thereafter the petitioner shall make the
maintenance payments directly into the
complainant’s account.
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, Gopalganj through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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