Patna High Court
Shiv Shankar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond, sureties and a monthly maintenance payment.
Summary
Shiv Shankar Chaudhary, husband of the complainant Juli Kumari, was implicated in a complaint (No.1363 of 2022) alleging assault and torture for dowry demands under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner applied for anticipatory bail, claiming innocence, while the State and the complainant opposed the relief. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with Section 438(2) of the CrPC and Section 482 of the BNSS. The court also imposed a condition that the petitioner pay a maintenance amount of Rs.5,000 per month to the complainant, subject to any future maintenance order. The order is effective for six weeks from the date of issuance, pending the petitioner’s arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry harassment under IPC 498A and the Dowry Prohibition Act.
- Whether the court may impose conditions such as a bail bond, sureties, and a maintenance order while granting anticipatory bail.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- maintenance order
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50068 of 2025
Arising Out of PS. Case No.-1363 Year-2022 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Shiv Shankar Chaudhary S/o Vishun Chaudhari R/o Village- Mohan Chak,
PS- Islampur, Distt.- Nalanda
... ... Petitioner
Versus
1. The State of Bihar
2. Juli Kumari W/o Shiv Shankar Chaudhary R/o vill - Mohan Chak, P.s. -
Islampur, Distt.- Nalanda, Presently residing at Akhilesh Nagar 2, P.S.-
Mehendiganj, Distt.- Patna
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Santosh Kumar, Advocate
For the State : Mr. Rajendra Singh Shastri, APP
For the Complainant : Mr. Anupam Prabhat Shrivastava, Advocate
Mr. Gaurav Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No.1363 of 2022 for the
offence under section 498(A) of the Indian Penal Code and
under section 3/4 of the Dowry Prohibition Act.
3. The petitioner is the husband of the
complainant. He is accused of assaulting and torturing the
complainant 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.50068 of 2025(5) dt.19-02-2026
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5. Learned counsel for the State and the
informant have opposed the prayer of the petitioner for grant of
anticipatory bail.
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 six 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 A.C.J.M.,
Patna City / concerned Court below, in connection with
complaint case No.1363 of 2022, 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.5,000/- per month
to the complainant beginning from the month of February, 2026.
The maintenance for the month of February, 2026 shall be paid
to the informant before 28.02.2026 and thereafter the monthly
Patna High Court CR. MISC. No.50068 of 2025(5) dt.19-02-2026
3/3
maintenance amount shall be paid to the complainant before the
10th day of the month.
9. It is made clear that the aforesaid
maintenance order will be subject to the outcome of any order
of concerned Court below passed in maintenance proceedings, if
any.
(Sandeep Kumar, J)
pawan/-
U T
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