Patna High Court
Basant Kumar @ Basant PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 120B, 406, 420, 494, 498A
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
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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
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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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