Patna High Court
Deepak Patwa @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, in accordance with Arnesh Kumar v. State of Bihar, anticipatory bail may be granted to the petitioner under Section 438 CrPC, subject to strict conditions and the payment of interim maintenance.
Summary
The petitioner, Deepak Patwa, sought anticipatory bail after being implicated in a complaint (Case No. 142 of 2025) under Section 85 of the B.N.S. for alleged dowry harassment of his wife, who is also the complainant. The petitioner claimed innocence, alleging that the complaint was filed amidst a matrimonial dispute and a pending maintenance case in the Family Court. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482 B.N.S. The order also directed the petitioner to pay interim maintenance of Rs.9,000 per month and to appear in the pending family court case. Non‑compliance would permit the State to seek cancellation of the bail.
Issues considered
- What is the applicability of anticipatory bail under Section 438 CrPC in the present case?
- Whether the principles laid down in Arnesh Kumar v. State of Bihar justify granting anticipatory bail to the petitioner?
- What conditions should be imposed on the anticipatory bail to safeguard the interests of the complainant and the State?
Legislation cited
- Bihar Negotiable (B.N.S.) Act — s. 482, 85
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- Section 85
- Section 438
- Section 482
- family law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38147 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- COMPLAINT CASE - RAXAUL AT
MOTIHARI District- East Champaran
======================================================
Deepak Patwa @ Deepak Kumar Son of Jay Narayan Patwa Resident of
Village- Sariswa Bazar, P.S.- Majhauliya, Dist- West Champaran at Bettiah
... ... Petitioner/s
Versus
1. The State of Bihar
2. Annu Kumari D/o Jay Prakash Patwa Resident of Amidai Shobha Tola, P.S.-
Ramgarhwa, District- East Champaran at motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha
For the Opposite Party/s : Mr. Rajendra Singh
======================================================
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. 142 of 2025 in which cognizance has
been taken under Section 85 of the BNS.
3. The petitioner, who is the husband of the
complainant/O.P. No. 2, is alleged to have ill treated the
complainant 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. It is further submitted that there is
matrimonial dispute between the parties and the complainant
has filed a maintenance case in the Court of Principal Judge,
Family Court, East Champaran, Motihari vide Maintenance
Patna High Court CR. MISC. No.38147 of 2026(2) dt.16-06-2026
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Case No. 477 of 2025 in which the petitioner has not been
appeared.
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) with two sureties of
the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Complaint Case No. 142 of 2025 subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. The learned counsel for the petitioner undertakes
that the petitioner will appear in the maintenance case pending
before the Principal Judge, Family Court, East Champaran,
Motihari on the next Monday i.e., (22.06.2026) and thereafter
the Principal Judge, Family Court, East Champaran, Motihari
Patna High Court CR. MISC. No.38147 of 2026(2) dt.16-06-2026
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will hear the maintenance case on priority basis and shall
conclude the same within four months. He shall proceed ex-
parte against the non-cooperating party.
9. Till the maintenance case is finally decided, the
petitioner shall pay interim maintenance of Rs. 9,000/- (Rupees
Nine Thousand only) per month to the complainant,
commencing from June 2026.
10. It is made clear that the interim maintenance
directed herein shall remain subject to the final outcome of the
maintenance proceeding pending before the learned Principal
Judge, Family Court, East Champaran, Motihari.
11. It is further made clear that if the petitioner fails to
comply with any of the terms and conditions stipulated
hereinabove, the State shall be at liberty to file an appropriate
application before the competent Court seeking cancellation of
the anticipatory bail granted to the petitioner.
12. Let a copy of this order be communicated to the
Principal District & Sessions Judge, East Champaran, Motihari
through FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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