Patna High Court
Om Prakash RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that, in accordance with the principles laid down in Arnesh Kumar v. State of Bihar, the petitioner is entitled to anticipatory bail.
Summary
The petitioner, Om Prakash Ram, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 1030 of 2015) alleging offences under IPC Section 498A and the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner claimed innocence and filed an application for anticipatory bail. The court, relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482. Additionally, the petitioner was ordered to pay a monthly maintenance of Rs.7,000 to the informant.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case involving alleged offences under IPC 498A and the Dowry Prohibition Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- Section 438 CrPC
- maintenance order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44004 of 2025
Arising Out of PS. Case No.-1030 Year-2015 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
Om Prakash Ram S/o- Ramdeni Ram Village- Ushiyan Ps- Dildarnagar Dist-
Gazipur, U.P
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rita Devi W/o- Om Prakash Ram, D/o- Late Nandlal Ram Village- Odi Ps-
Itarhi Dist- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar
For the Opposite Party/s : Mr.Indu Kumari Srivastava
======================================================
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 Complaint Case No. 1030(c) of 2015 registered
for the offence under Sections 498(A) of the Indian Penal Code
and under Section 4 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.44004 of 2025(4) 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 Sub-
Divisional Judicial Magistrate, Buxar/concerned Court below in
connection with Complaint Case No. 1030(c) of 2015, 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. 7,000/- 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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