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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner with specified conditions, including a bail bond and monthly maintenance payment.

Summary

The petitioner, Deepak Kumar, applied for anticipatory bail in a case (PS Case No. 98 of 2024) alleging offences under Sections 341, 323, 498A, 504, 506, 379 r/w 34 of the IPC and Section 3 of the Dowry Prohibition Act, where he is accused of assaulting a victim to demand dowry. The petitioner contended that he is innocent and is a railway employee posted in Chennai, while the informant opposed the bail, asserting his involvement in the alleged crime. The court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, considered the applicability of anticipatory bail under Section 438(2) of the CrPC. The bench granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to surrender within four weeks if arrested. Additionally, the court imposed a condition that the petitioner pay a monthly maintenance of Rs.15,000 to the informant, to be deducted from his salary by the Chennai DRM. The order was to be communicated to the Principal District and Sessions Judge, Rohtas, and the concerned DRM for compliance. The decision reflects the court’s balancing of the petitioner’s right to liberty with the need to protect the alleged victim’s interests.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the facts of the case
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this case
  • Whether imposing a maintenance payment as a condition of bail is permissible

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • maintenance order
  • Section 438 CrPC
  • Arnesh Kumar principle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42756 of 2025
                    Arising Out of PS. Case No.-98 Year-2024 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Deepak Kumar S/o Janeshwar Singh R/v- Bagen, Ps- Akodhigola, Dist-
                 Rohtas

                                                                                ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Geeta Kumari D/o Manoj Singh R/o vill - Dharamdas Dehari, P.s.- Tarari,
                 Distt.- Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rakesh Kumar Mishra
                 For the Opposite Party/s :        Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Akodhigola P.S. Case No. 98 of 2024 registered

                   for the offence under Sections 341, 323, 498(A), 504, 506, 379

                   r/w 34 of the Indian Penal Code along with Section ¾ of the

                   Dowry Prohibition Act.

                                   3. As per the prosecution case, the petitioner and

                   others 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 he has falsely
Patna High Court CR. MISC. No.42756 of 2025(4) dt.21-01-2026
                                            2/3




          been implicated in this case.

                          5. Learned counsel for the informant has opposed

          the application of the petitioner and has submitted that the

          petitioner is an employee of Railway Department and is posted

          in Chennai.

                          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 SDJM, Dehri,

          Rohtas/concerned Court below in connection with Akodhigola

          P.S. Case No. 98 of 2024, 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. 15,000/- from the

          month of January, 2026 to the informant and the maintenance
          Patna High Court CR. MISC. No.42756 of 2025(4) dt.21-01-2026
                                                      3/3




                    for the month of January, 2026 shall be paid to the informant

                    before 31.01.2026 and thereafter the maintenance amount shall

                    be paid to the informant every month before the 10 th day of the

                    month.

                                    9. The DRM, Chennai/concerned DRM is directed

                    to make an arrangement so that the aforesaid maintenance

                    amount shall be deducted from the salary of the petitioner and

                    be deposited in the account of opposite party no. 02. The details

                    of the account of the opposite party no. 02 are as follows:-

                                         Account Holder              :- Geeta Kumari
                                         Account No.                 :-3315001700147295
                                         IFSC Code                   :- PUNB0331500
                                         Bank Name                   :-Punjab National Bank.
                                         Branch                      :-Tarari,Bhojpur, Arrah.

                                    10. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Rohtas and the DRM,

                    Chennai/concerned DRM through FAX for its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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