Patna High Court
Dheeraj Kumar @ Dhiraj Yadav @ Dheeraj YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Dheeraj Kumar, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 941 of 2024) under Sections 498A read with 34 of the IPC. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner claimed innocence and that he was falsely implicated. The court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail under Section 438 of the CrPC, subject to a bail bond of Rs.10,000, two sureties, and a condition to pay monthly maintenance of Rs.10,000 to the informant. The order also stipulated compliance with Section 482 of the BNSS and required surrender within four weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case of alleged dowry harassment under IPC 498A r/w 34.
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Section 438 CrPC
- maintenance order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42990 of 2025
Arising Out of PS. Case No.-941 Year-2024 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Dheeraj Kumar @ Dhiraj Yadav @ Dheeraj Yadav S/O Jairam Yadav R/O
Village- Amlori Tola Bharauli, P.S- Muffasil, Dist.- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kiran Devi D/O Nand Jee Yadav, W/O Dhiraj Yadav R/O Village- Amlori
Tola Bharauli, P.S- Muffasil, Distt.- Siwan, At present Address Village-
Bhusaw Tola Hardiya, P.S- Thawe, Distt.- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
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 Gopalganj Complaint Case No. 941 of 2024
registered for the offence under Sections 498(A) r/w 34 of the
Indian Penal Code.
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
been implicated in this case.
5. Learned counsel for the informant has opposed
the application of the petitioner.
6 . Considering the submission of the parties and in
Patna High Court CR. MISC. No.42990 of 2025(4) dt.21-01-2026
2/2
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 ACJM,
Gopalganj, Successor Court, Gopalganj/concerned Court below
in connection with Gopalganj Complaint Case No. 941 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. 10,000/- from the
month of January, 2026 to the informant and the maintenance
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.
(Sandeep Kumar, J)
Vikas/-
U
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