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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to bond, sureties, compliance with Section 438(2) CrPC, Section 482 BNSS, and a monthly maintenance payment.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 1168 of 2023) under Section 498A IPC read with Section 3 of the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner claimed innocence and a clean record, while the State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar regarding unnecessary arrests, the Court granted anticipatory bail. The bail was conditioned on a Rs.10,000 bond, two sureties, compliance with Section 438(2) CrPC and Section 482 of the BNSS, and a monthly maintenance payment of Rs.5,000 to the complainant, subject to the family court’s maintenance order. The Court warned that non‑compliance could lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in a dowry harassment case under Section 498A IPC and Section 3 DPA.
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding arrest apply to the present complaint.
  • What conditions may be imposed on anticipatory bail, including maintenance obligations.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498A
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar principle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38117 of 2026
                 Arising Out of PS. Case No.-1168 Year-2023 Thana- BUXAR COMPLAINT CASE District-
                                                          Buxar
                 ======================================================
                 Sonu Kumar Son of Nepal Prasad Resident Of Village-Ekill, Po- Sonvarsha,
                 Ps- Nawanagar Dist- Buxar

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Sapna Kumari Devi Wife of Sonu Kumar and Daughter of Manoj Kumar
                 Resident Of Village- and Po- Aathar, Ps- Nawanagar Dist- Buxar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sunil Kumar, Adv.
                 For the Opposite Party/s :     Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                  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. 1168 of 2023 registered for the

                   offence under Section 498(A) of the I.P.C. read with Section ¾

                   of the D.P. 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. The petitioner bears clean antecedent.
Patna High Court CR. MISC. No.38117 of 2026(2) dt.16-06-2026
                                            2/3




                       5. Learned APP 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 for 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 anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Ten Thousand Only) with two

          sureties of the like amount each to the satisfaction of the learned

          S.D.J.M, Buxar /concerned Court below in connection with

          Complaint Case No. 1168 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.5,000/- from the
                                  month           of    June     2026       to     the
                                  complainant/informant. The maintenance for the
                                  month of June 2026 shall be paid to the
                                  complainant/informant within ten days from
                                  today, and thereafter, the maintenance amount
                                  shall be paid to the complainant/informant
                                  every month before the 10th day of each month.
            Patna High Court CR. MISC. No.38117 of 2026(2) dt.16-06-2026
                                                        3/3




                                   8. It is made clear that the order of maintenance

                      passed by this Court shall be subject to the outcome of the

                      maintenance case in the Court of learned 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

                      learned Principal District & Sessions Judge, Buxar through FAX

                      for its compliance forthwith.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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