Patna High Court
Prabhakar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with specified conditions.
Summary
Petitioner Prabhakar Kumar, accused under sections 85, 395 of the Bihar Negotiable Instruments Act and section 3 of the Dowry Prohibition Act for alleged dowry‑related assault, applied for anticipatory bail fearing arrest in Bhagwanpur P.S. Case No. 219 of 2024. He claimed innocence and a clean record, while the State opposed bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, directing a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. The Court also imposed a maintenance direction of Rs.6,000 per month to the informant, pending any family court order. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry‑related offence.
- Whether the conditions prescribed in Section 438(2) CrPC and Section 482 BNSS are applicable.
- Whether the Court can order maintenance pending a family‑court determination.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 395, 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
Subjects
- anticipatory bail
- dowry harassment
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar principle
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46337 of 2025
Arising Out of PS. Case No.-219 Year-2024 Thana- BHAGWANPUR District- Begusarai
======================================================
Prabhakar Kumar S/o Suresh Paswan R/o Village- Sanjat, P.S.- Bhagwanpur,
District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Juli Kumari W/o Prabhakar Kumar Present Address- D/o- Ajeet Paswan, R/o
Village- Koknathpur- Ganj Road- Ward No. 12, P.S.- Dalsinghsarai, Dist.-
Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Adv
For the Opposite Party/s : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Bhagwanpur P.S.Case No. 219 of 2024 registered for the
offence under sections 85,395) of the BNS and section ¾ of
Dowry Prohibition Act.
3. . The petitioner and other accused 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 has falsely been
implicated in this case. The petitioner has clean antecedent.
5. Learned counsel for the State has opposed the bail
Patna High Court CR. MISC. No.46337 of 2025(4) dt.19-02-2026
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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 Sub-Divisional Judicial
Magistrate, Begusarai concerned court below in connection with
Bhagwanpur P.S. Case No.219 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. 6,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
within one week from the date of pronouncement of this order
and thereafter, the maintenance amount shall be paid to the
informant every month before the 10th day of the month.
Patna High Court CR. MISC. No.46337 of 2025(4) dt.19-02-2026
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9. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
(Sandeep Kumar, J)
N.K/-
U T
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