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Patna High Court

Bindhyachal Gupta @ VInay Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.42744 of 2025(4) dt.17-02-2026
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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
            Patna High Court CR. MISC. No.42744 of 2025(4) dt.17-02-2026
                                                        3/3




                      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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