Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed.
Summary
Petitioner Rajeev Kumar sought anticipatory bail fearing arrest in a dowry harassment complaint (Sections 498A IPC and 4 Dowry Prohibition Act). The prosecution alleged that he and co‑accused tortured the informant for dowry. The petitioner claimed innocence, no prior criminal record, and that the allegations were false. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court allowed the anticipatory bail application. The bail was conditioned on a Rs.10,000 bond with two sureties, payment of monthly maintenance to the informant, and appearance before the Family Court for a pending maintenance case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
- Whether the conditions imposed are appropriate in view of the allegations under Sections 498A IPC and 4 Dowry Prohibition Act.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- maintenance order
- Family Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44567 of 2025
Arising Out of PS. Case No.-348 Year-2023 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Rajeev Kumar S/o Indradeo Prasad R/o Ranisarai, P.O.- Bahadurganj, P.S.-
Giriyak, Ghazipur, Distt.- Nalanda
... ... Petitioner
Versus
1. The State of Bihar
2. Puja Kumari W/o Rajeev Kumar R/o Rani Sarai, P.S.- Giriyak, Nalanda
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Tanweer Kamal, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 348(c) of 2023 for the offences
punishable under Sections 498A of the Indian Penal Code and
Section 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner and the
co-accused persons are alleged to have tortured the informant
mentally and physically due to non-fulfillment of 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. The petitioner is the husband of the
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informant.
5. He further submits that the petitioner has no
criminal antecedent.
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/her 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 S.D.J.M.,
Biharsharif, Nalanda in connection with Complaint Case No.
348(c) of 2023 subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the B.N.S.S.
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
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be paid to the informant every month before the 15th day of the
month.
9. The petitioner is directed to appear before the
Family Court, Principal Judge, Nalanda in Maintenance Case
No. 47(M) of 2023 on 02.02.2026 and on that date the Principal
Judge will fix a date and thereafter dispose of the maintenance
case within three months.
10. Let a copy of this order be communicated to the
the Principal District and Sessions Judge, Nalanda through FAX
for its compliance forthwith.
11. The maintenance fixed above shall be subject to
the result of any maintenance order passed by the Principal
Judge, Family Court, Nalanda.
(Sandeep Kumar, J)
atul/-
U T
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