Patna High Court
Supan Choudhary @ Supan ChoudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner, subject to a bail bond, sureties and a monthly maintenance order.
Summary
Supan Choudhary applied for anticipatory bail fearing arrest in a 2014 dowry‑related complaint (Case No. 303) alleging assault under IPC sections 323, 498A/34, 494 and Dowry Prohibition Act section 4. The petitioner claimed innocence and that he was falsely implicated. The informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail under Section 438 of the CrPC, subject to a Rs.10,000 bond, two sureties, and compliance with Section 482. The court also ordered the petitioner to pay monthly maintenance of Rs.6,000 to the complainant, pending any separate family court order. The bail order is conditional and remains subject to the outcome of any maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the dowry‑related offences alleged.
- Whether the court may impose conditions, including a bail bond and a maintenance order, while granting anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 323, 34, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32859 of 2025
Arising Out of PS. Case No.-303 Year-2014 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
Supan Choudhary @ Supan Choudhari S/o Sirishti Choudhari R/o Village-
Lalbathani, P.S.- Sahebganj, District- Sahebganj (Jharkhand)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rina Devi W/o Supan Choudhary D/o Mannu Choudhary, R/o Village-
Makhari, P.S.- Sanokhar, District- Bhagalpur (Complainant)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya, Advocate
For the State : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 303 of 2014 registered for
the offence under Sections 323, 498(A)/34, 494 of the Indian
Penal Code and Section 4 of the Dowry Prohibition 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.
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5. Learned counsel for the informant has opposed
the application of the petitioner.
6 . Considering the submission of the parties and in
view 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 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 Chief Judicial
Magistrate, Bhagalpur/concerned Court below in connection
with Complaint Case No. 303 of 2014, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 6,000/- from the
month of February, 2026 to the complainant and the
maintenance for the month of February, 2026 shall be paid to
the complainant within one week from the date of
pronouncement of this order and thereafter the maintenance
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amount shall be paid to the complainant every month before the
10th day of the month.
9. 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
concerned, if any.
(Sandeep Kumar, J)
P. Kumar
U T
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