Patna High Court
Bindhyachal Gupta @ VInay Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is warranted in view of the Arnesh Kumar principles and granted it with specified conditions.
Summary
The petitioner, Bindhyachal Gupta, sought anticipatory bail fearing arrest in Complaint No. 494 of 2019, which alleged offences under IPC sections 341, 323, 498A and 34 for alleged dowry‑related assault. He claimed innocence and a clean record, while the State opposed bail. The Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond of Rs.10,000 with two sureties. Additionally, the Court ordered the petitioner to pay a monthly maintenance of Rs.6,000 to the complainant, linking it to a pending maintenance case before the Family Court. The order directed the Family Court to dispose of the maintenance case within three months and warned of ex‑parte orders for non‑co‑operation.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under sections 341, 323, 498A and 34 of the IPC.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrest in the present case.
- What conditions may be imposed under Section 438(2) CrPC and Section 482 BNSS while granting anticipatory bail.
- Whether a maintenance payment can be conditionally attached to the anticipatory bail order.
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- Section 438 CrPC
- maintenance order
- Arnesh Kumar principle
- bail conditions
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42744 of 2025
Arising Out of PS. Case No.-494 Year-2019 Thana- COMPLAINT CASE - BAGAHA
District- West Champaran
======================================================
Bindhyachal Gupta @ VInay Kumar Gupta S/o Uma Gupta R/o Village-
Tamkuhi Raj, Pasauni Bujurg, P.S. Taraiya Sujan, District- Kushinagar (U.P.)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vandana Gupta W/o Bindhyachal Gupta @ Vinay Kumar Gupta R/o Village-
Tamkuhi Raj, Pasauni Bujurg, P.S-Taraiya Sujan, District-Kushinagar (U.P)
at present village- Naraipur, ward no.-12, P.S.-Bagaha Fakauli, District-
West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyamli Kumari, Adv
For the Opposite Party/s : Mr.Ramchandra Sahni, 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 Complaint Case No. 494 of 2019 registered for the offence
under sections 341,323, 498A/34 of the Indian Penal Code.
3. The petitioner and other accused 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 has falsely been
implicated in this case. The petitioner has clean antecedent.
5. Learned counsel for the State has opposed the bail
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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 Sub Divisional Judicial
Magistrate, Bagaha, West Champaran/ concerned court below in
connection with Complaint Case no.494 of 2019, 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
complainant within one week from the date of pronouncement
of this order and thereafter, the maintenance amount shall be
paid to the complainant every month before the 10th day of the
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month, subject to the Maintenance Case 163 of 2025 which is
pending before the Principal Judge Family Court Battiah, West
Champaran. The Principal Judge Family Court Battiah, West
Champaran is directed to dispose of the Maintenance Case 163
of 2025 filed by the complainant within three months of
communication of this order. The petitioner will co-operate in
the Maintenance Case and if the petitioner will not co-operate
the ex-parte order will pass.
(Sandeep Kumar, J)
N.K/-
U T
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