Patna High Court
Ajay Kumar Mehta @ Ajay MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties and a monthly maintenance condition.
Summary
The petitioner, Ajay Kumar Mehta, was implicated in an FIR (Forbesganj PS Case No. 751 of 2023) for alleged offences under sections 498A/34 of the IPC and section 3 of the Dowry Prohibition Act. He applied for anticipatory bail, claiming innocence and asserting that no specific overt act was attributed to him. The State opposed the bail. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond of Rs.10,000, two sureties, and a condition to pay monthly maintenance of Rs.6,000 to the informant, pending any family court maintenance order. The order also invoked Section 482 of the CrPC to ensure proper exercise of jurisdiction. The bail was ordered to be effected within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC in view of the allegations under IPC 498A/34 and the Dowry Prohibition Act.
- Whether the petitioner is likely to be arrested and whether the circumstances warrant bail despite the seriousness of the alleged offences.
- What conditions, if any, should be imposed on the anticipatory bail, including maintenance obligations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- IPC 498A
- Dowry Prohibition Act
- Section 438 CrPC
- Section 482 CrPC
- maintenance
- family court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42598 of 2025
Arising Out of PS. Case No.-751 Year-2023 Thana- FORBESGANJ District- Araria
======================================================
Ajay Kumar Mehta @ Ajay Mehta Son of Jaso Mehta Resident of village-
Mushari, Parwaha, Ward No. 03, PS -Forbesganj, Dist- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arti Devi wife of Ajay Kumar Mehta @ Ajay Mehta Resident of village-
Mushari, Parwaha, Ward No. 03, PS -Forbesganj, Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Ravish, Adv
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Forbesganj P.S.Case No. 751 of 2023 registered for the
offence under sections 498A/34 of the Indian Penal Code and
section ¾ of Dowry Prohibition Act.
3. The marriage was solemnized between the parties
on 13.07.2022 and on account of some differences, the present
FIR has been lodged. The petitioner and other accused are used
to 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 has falsely been
Patna High Court CR. MISC. No.42598 of 2025(4) dt.17-02-2026
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implicated in this case. No specific overt act has been attributed
against the petitioner.
5. Learned counsel for the State has opposed the bail
application of the petitioner.
6. Considering the submission of the parties and in
view 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 of 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 bail on furnishing bail bond of
Rs. 10,000/- ( ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Araria/ concerned court below in connection with Forbesganj
P.S. Case No.751 of 2023, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973/
Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 6,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
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within one week from the date of pronouncement of this order
and thereafter, the maintenance amount shall be paid to the
informant every month before the 10th day of the month.
9. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
(Sandeep Kumar, J)
N.K/-
U T
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