Patna High Court
Chandan Kumar Mishra @ Chandan MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for anticipatory bail, subject to bail bond, sureties and a maintenance condition.
Summary
Petitioner Chandan Kumar Mishra applied for anticipatory bail fearing arrest in Mahila Police Station case No. 18 of 2023, which alleges offences under IPC sections 498A, 509 and 34 read with the Dowry Prohibition Act. The prosecution alleges that the petitioner participated in assault and torture of the victim to demand dowry. The petitioner contended innocence and a clean record. 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 a monthly maintenance order of Rs.5,000 payable to the complainant. The order is subject to Section 482(2) of the CrPC and may be cancelled if conditions are breached.
Issues considered
- Whether anticipatory bail can be granted in a dowry harassment case under Sections 498A, 509, 34 IPC and the Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding arrest and bail are applicable.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A, 509
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Section 509
- Dowry Prohibition Act
- maintenance order
- Section 482 CrPC
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38263 of 2026
Arising Out of PS. Case No.-18 Year-2023 Thana- MAHILA P.S. District- Munger
======================================================
Chandan Kumar Mishra @ Chandan Mishra Son of Raghubansh Mishra
Resident of Village - Naya Gao Kumaitha, Police Station- Bath, District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pallavi Kumari Wife of Chandan Mishra and Daughter of - Babu Saheb Jha
Resident of Village - Naya Gao Kumaitha, Police Station- Bath, Dsitrict-
Bhagalpur. At present Residing at Village - Chiariyabad Police Station-
Bariyarpur, District- Munger.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar Singh, Adv.
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Mahila P.S. Case No. 18 of 2023 registered for the offence
under Sections 498(A), 509/34 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. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. The petitioner bears clean antecedent.
Patna High Court CR. MISC. No.38263 of 2026(2) dt.17-06-2026
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
Court below where the case is pending/successor Court in
connection with Mahila P.S. Case No. 18 of 2023, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
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.38263 of 2026(2) dt.17-06-2026
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, Munger through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
sadique/-
U T
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