Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Instruments Act (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
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
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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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