Patna High Court
GAUTAM SINGH @ GAUTAM KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
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
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(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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