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Patna High Court

GAUTAM SINGH @ GAUTAM KUMAR SINGHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for anticipatory bail is allowed, subject to bail bond, sureties and a maintenance condition.

Summary

The petitioner, Gautam Singh, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 470C of 2018) under Section 498A of the IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged that Singh and others assaulted the complainant to demand dowry. Singh claimed innocence and a clean record. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined the necessity of granting anticipatory bail under Section 438 of the CrPC. The Court allowed the anticipatory bail application, imposing a bail bond of Rs.10,000 with two sureties and ordering the petitioner to pay monthly maintenance of Rs.6,000 to the complainant, subject to the family court’s decision. The order also 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 a case involving alleged dowry harassment under IPC 498A and the Dowry Prohibition Act.
  • Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to this anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry harassment
  • maintenance order
  • Arnesh Kumar guidelines
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2781 of 2023
                    Arising Out of PS. Case No.-470 Year-2018 Thana- KHAGARIA COMPALINT CASE
                                                     District- Khagaria
                 ======================================================
                 Gautam Singh @ Gautam Kumar Singh Son Of Manilal Singh R/V-
                 Ballamjan, P.S.- Maheshkhunt, District- Khagaria

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    Moni Devi Wife Of Gautam Singh, D/O Binod Mandal R/V- Naya Gawan
                 Pachkhutti, P.S.- Parbatta, District- Khagaria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Viveka Nandsingh
                 For the Opposite Party/s :    Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-02-2026                  It has come to notice that seriatim of the order

                   numbers in the present case is not in proper sequence. In these

                   circumstances, let the same be corrected, and the orders dated

                   04.05.2023 and 12.10.2023 be treated as Order No. 2 and Order

                   No. 3, respectively, passed in this case. Office is directed to act

                   accordingly.

                                2. Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                3. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 470C of 2018 registered for the

                   offence under Sections 498A of the Indian Penal Code and

                   Sections ¾ of the DP Act.
Patna High Court CR. MISC. No.2781 of 2023(4) dt.20-02-2026
                                            2/3




                       4. As per the prosecution case, the petitioner and

          others are accused of assaulting and torturing the victim for

          demand of dowry.

                       5. 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. The petitioner claims clean antecedent.

                       6. Learned APP for the State has opposed the

          application of the petitioner.

                       7. 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.

                       8. 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,

          Khagaria/concerned Court below in connection with Complaint

          Case No. 470C of 2018 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:
            Patna High Court CR. MISC. No.2781 of 2023(4) dt.20-02-2026
                                                        3/3




                                                           (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
                                              today, and thereafter, the maintenance amount
                                              shall be paid to the complainant/informant
                                              every month before the 10th day of each month.
                                   9. 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.

                                   10. 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.

                                   11. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Khagaria through FAX for

                      its compliance forthwith.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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