Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 120B, 323, 34, 406, 498A
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
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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
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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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