Created by Fuzzy Cloud

Patna High Court

Amardip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
              Patna High Court CR. MISC. No.36491 of 2025(5) dt.23-02-2026
                                                          3/3




                                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.