Patna High Court

RAJ KUMARversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was granted to the petitioner with specified conditions.

Summary

Petitioner Raj Kumar sought anticipatory bail fearing arrest in a dowry harassment case (Section 498A IPC) arising from Complaint No. 1309 of 2024. The prosecution alleged that Raj Kumar 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 compliance with Section 438(2) of the CrPC and Section 482. Additionally, the court ordered the petitioner to pay a monthly maintenance of Rs.7,000 to the informant. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a Section 498A dowry harassment case.
Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to the present case.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482
Indian Penal Code — s. 498A

Subjects

anticipatory bail
dowry harassment
Section 498A
Criminal Procedure Code
maintenance order
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44514 of 2025
                  Arising Out of PS. Case No.-1309 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 RAJ KUMAR S/o Late Yogendra Yadav R/o Village Bijdhari ward no. 11,
                 P.S- Kesariya, District East Champaran.

                                                                            ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Seema Devi D/o Didyanand Yadav @ Vidyanand Yadav R/o Village Bijdhari
                 ward no. 11, P.S- Kesariya, District East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Kumar
                 For the Opposite Party/s :        Mr. Shaheen Begum
                 ======================================================
                 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 T.R. No. 3853 of 2024 arising out of Complaint

                   Case No. 1309 of 2024 registered for the offence under Sections

                   498(A) 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.
Patna High Court CR. MISC. No.44514 of 2025(4) dt.21-01-2026
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                          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

          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 Judicial

          Magistrate, 1st Class, Motihari, East Champaran/concerned

          Court below in connection with Complaint Case No. 1309 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. 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
          Patna High Court CR. MISC. No.44514 of 2025(4) dt.21-01-2026
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                    be paid to the informant every month before the 10 th day of the

                    month.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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