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Patna High Court

Chandan Kumar Mishra @ Chandan MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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