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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, subject to specified conditions.

Summary

Aman Kumar applied for anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 5813 of 2023) alleging offences under IPC sections 323, 406, 498A, 120B/34 and Section ¾ of the Dowry Prohibition Act. He claimed the allegations were vague and that he was falsely implicated. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and ordering monthly maintenance of Rs.10,000 to the complainant, subject to the family court’s decision. The order also warned that non‑compliance could lead to cancellation of bail. The court directed communication of the order to the District & Sessions Judge for enforcement.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the IPC and Dowry Prohibition Act.
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to the present application.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • Section 438 CrPC
  • maintenance order
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37053 of 2025
                 Arising Out of PS. Case No.-5813 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Aman Kumar S/o Suresh Mehta R/o Village- Sultanpur, Devi Asthan, P.S.-
                 Danapur, District- Patna, Bihar

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Patna
           2.    Mohini Bharti Muhalla Gate No. 87, Makhdumpur, Digha, P.S.- Digha,
                 District- Patna, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shailesh Anand, Advocate
                                                Mr. Sukesh Ranjan, Advocate
                 For the Opposite Party/s :     Ms. Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   19-02-2026                   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. 5813 of 2023 for the offence under

                   Sections 323, 406, 498A and 120B/34 of the Indian Penal Code

                   and Sections 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. He further submits that the allegations
Patna High Court CR. MISC. No.37053 of 2025(6) dt.19-02-2026
                                            2/3




          made against the petitioner are general and omnibus in nature.

                       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 Chief Judicial

          Magistrate, Patna/concerned Court below in connection with

          Complaint Case No. 5813 of 2023 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. 10,000/-
                                  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
                                  days      from     today     and   thereafter   the
            Patna High Court CR. MISC. No.37053 of 2025(6) dt.19-02-2026
                                                        3/3




                                              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 in the Court of the 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, Patna through FAX for its

                      compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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