Patna High Court
Krishnandan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail should be granted, applying the principles laid down in Arnesh Kumar v. State of Bihar.
Summary
Krishnandan Chaudhary applied for anticipatory bail fearing arrest in a dowry‑related case (Sikandara P.S. Case No. 25 of 2023) that alleged offences under IPC sections 498(a), 323, 307, 504, 379 and the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted and tortured the victim to demand dowry, while the petitioner claimed he was falsely implicated. The learned counsel for the petitioner sought relief under Section 438(2) of the CrPC, citing the Supreme Court’s decision in Arnesh Kumar v. State of Bihar. The court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and imposed a condition that the petitioner pay a monthly maintenance of Rs. 15,000 to the informant. The order also invoked Section 482 of the Bihar Negotiable Instruments Act to ensure the bail is not misused.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC in view of the alleged offences.
- Whether the precedent set in Arnesh Kumar v. State of Bihar is applicable to the present case.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 307, 323, 379, 498(a), 504
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- Section 438 CrPC
- maintenance order
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43586 of 2025
Arising Out of PS. Case No.-25 Year-2023 Thana- SIKANDRA District- Jamui
======================================================
Krishnandan Chaudhary Son of Late Chandrika Chaudhary R/o - Poksi, P.S -
Pakri Barama, District - Nawada
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Rubi Devi aged about 31 years femal W/o- Krishnandan Chaudhary
Resident of Village - Poksi, Police Station - Pakri Barama, District -
Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Sikandara P.S. Case No. 25 of 2023 registered
for the offence under Sections 498(a), 323, 307, 504, 379 of the
Indian Penal Code and under Section ¾ of the D.P. 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
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
view of the law laid down by the Hon’ble Supreme Court in the
Patna High Court CR. MISC. No.43586 of 2025(5) dt.21-01-2026
2/2
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 Chief Judicial
Magistrate, Jamui/concerned Court below in connection with
Sikandra P.S. Case No. 25 of 2023, 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
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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