Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 379, 498A, 504, 506
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
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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
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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/-
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