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Patna High Court

Basant Kumar @ Basant PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is warranted and granted, subject to bond, sureties and maintenance conditions.

Summary

The petitioner, Basant Kumar, sought anticipatory bail fearing arrest in a dowry‑related complaint (IPC §§498A, 494, 406, 420, 120B and DP Act §3). The prosecution alleged that he and others assaulted the complainant to extract dowry. The petitioner claimed innocence and filed an application for anticipatory bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court allowed the bail, directing a Rs.10,000 bond with two sureties and imposing a monthly maintenance payment of Rs.5,000 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 anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the serious offences alleged.
  • Whether the court may impose a maintenance obligation as a condition of anticipatory bail.
  • Application of the Arnesh Kumar principles regarding arrest and bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC
  • maintenance order
  • Section 438 CrPC
  • Section 482 CrPC
  • Arnesh Kumar principle
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33985 of 2025
                   Arising Out of PS. Case No.-31 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Basant Kumar @ Basant Patel S/o Late Ramsakal Rai @ Ramsakal Ray R/o
                 Village- Sobaiya, P.S.- Kesariya, District- East Champaran

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Kiran Kumari W/o Basant Kumar @ Basant Patel D/o Manoj Kumar , R/o
                 Village- Sobaiya, At Present Village- Trilokarwa Bazar, Both P.S.- Mehsi,
                 District- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Suraj Kumar Tiwari
                 For the Opposite Party/s :    Mr. Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   17-02-2026                  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. 31 of 2024 dated 04.01.2024 for the

                   alleged offences under Sections 498A, 494, 406, 420, 120B of

                   the 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

                   implicated in this case. The petitioner is the husband of the
Patna High Court CR. MISC. No.33985 of 2025(6) dt.17-02-2026
                                            2/3




          complainant.

                       5. Learned counsel 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 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 Judicial

          Magistrate, 1st Class, East Champaran, Motihari/concerned

          Court below in connection with Complaint Case No. 31 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. 5000/-
                                  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
            Patna High Court CR. MISC. No.33985 of 2025(6) dt.17-02-2026
                                                        3/3




                                              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

                      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, East Champaran, Motihari

                      through FAX for its compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U


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