Patna High Court
Prakash RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and a monthly maintenance payment.
Summary
The petitioner, Prakash Ray, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 895 of 2023) alleging offences under Sections 498A, 379, 323, 504, 493 of the IPC and Section 4 of the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted the victim to extract dowry. The petitioner claimed innocence and filed an application for anticipatory bail. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to pay monthly maintenance of Rs.6,000 to the complainant. The maintenance order is subject to any decision of the Family Court. The order is made under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the pending dowry‑related offences.
- Whether the Supreme Court precedent in Arnesh Kumar v. State of Bihar is applicable to this case.
- Whether the Court can impose a maintenance obligation as a condition of bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 323, 379, 493, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34063 of 2025
Arising Out of PS. Case No.-895 Year-2023 Thana- COMPLAINT CASE District- Banka
======================================================
Prakash Ray Son of Bhutani Ray Resident of village-Chikaniya, P.S.-
Dhoraiya, District-Dumka (Jharkhand) Petitioner.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Guriya Devi Wife of Prakash Ray Resident of village-Chikaniya, P.S.-
Dhoraiya, District-Dumka (Jharkhand) At Present Guriya Devi daughter of
Shambhu Ray resident of village-Chihar, P.S. Barahat, District- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandan Prasad, Advocate
For the State : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 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. 895 of 2023 registered for
the offence under Sections 498(A), 379, 323, 504, 493 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.
Patna High Court CR. MISC. No.34063 of 2025(5) dt.17-02-2026
2/3
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 Additional
District and Sessions Judge-1-cum- Spl. Judge SC/ST (POA)
Act, Banka/ concerned Court below in connection with
Complaint Case No. 895 of 2023, 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
Patna High Court CR. MISC. No.34063 of 2025(5) dt.17-02-2026
3/3
pronouncement of this order and thereafter the maintenance
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.