Patna High Court
Amardip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is warranted in this case, granting it under Section 438(2) CrPC and Section 482 BNSS in line with the Arnesh Kumar precedent.
Summary
The petitioner, Amardip Kumar, was implicated in a complaint alleging offences under Sections 498(A) and 323 of the IPC for alleged dowry harassment and assault. He applied for anticipatory bail fearing arrest. The State opposed the application, but the court, relying on the Supreme Court's decision in Arnesh Kumar v. State of Bihar, considered the merits of granting bail. The court granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, subject to a bail bond of Rs.10,000 and two sureties. Additionally, the court ordered the petitioner to pay a monthly maintenance of Rs.10,000 to the informant, subject to any future maintenance orders. The order is conditioned on compliance with the stipulated bail and maintenance requirements.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 498A and 323 IPC.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482 BNSS are appropriate.
- Application of the precedent set by Arnesh Kumar v. State of Bihar to the present case.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- Section 498A IPC
- Section 323 IPC
- maintenance order
- bail conditions
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36491 of 2025
Arising Out of PS. Case No.-241 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Amardip Kumar S/o Revati Bishwas Vill.- Bara Wajidpur, Ward No. 13, P.S.-
Mahalgaon, Distt.- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nisha Kumari W/o Amardip Kumar, D/o Udhanand Bishwas Vill.- Bara
Wajidpur, Ward No. 13, P.S.- Mahalgaon, Distt.- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 241 of 2024 for the
offences under Sections 498(A), 323 of the I.P.C.
3. As per the prosecution case, the petitioner is
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.
5. Learned counsel for the State has opposed the
Patna High Court CR. MISC. No.36491 of 2025(5) dt.23-02-2026
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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 six
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 court of Judicial
Magistrate 1st Class, Araria/concerned Court below in
connection with Complaint Case No. 241 of 2024, 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. 10,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
before 28.02.2026 and thereafter the maintenance amount from
the month of March, 2026 shall be paid to the informant every
month before the 10th day of the month.
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9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
tusharika/-
U T
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