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Patna High Court

Arjun Chaupal @ Arjun TantiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, subject to bail bond, sureties and a maintenance direction.

Summary

The petitioner, Arjun Chaupal, sought anticipatory bail after being implicated in a dowry‑related assault case (PS Hasanpur Case No. 08 of 2024) involving offences under Sections 341, 342, 323, 506, 504, 498(A) and 34 IPC. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond of Rs.10,000 with two sureties. The court also imposed a maintenance direction of Rs.7,000 per month payable to the informant, pending any separate maintenance proceedings. The order is effective for six weeks from the date of the order, after which the petitioner must surrender if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
  • Whether the court can condition anticipatory bail with a maintenance order pending trial.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 438 CrPC
  • Section 482 BNSS
  • maintenance order
  • Arnesh Kumar case
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.50922 of 2025
                     Arising Out of PS. Case No.-8 Year-2024 Thana- HASANPUR District- Samastipur
                 ======================================================
                 Arjun Chaupal @ Arjun Tanti S/o Lalan Tanti R/o Village- Khurunda Birpur,
                 P.S.- Hasanpur, Dist.- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Guriya Devi W/o Arjun Tanti D/oButan Chaupal R/o Vill Neerpur Bharaiya
                 P.S. Sindhiya Distt Samastipur At Present R/o Khurunda Birpur P.S.
                 Hasanpur Distt Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amitabh Sohan, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.    The     petitioner      apprehends        his    arrest       in

                   connection with Hasanpur P.S. Case No. 08 of 2024                       for the

                   offences under Sections 341, 342, 323, 506, 504, 498(A) and 34

                   of I.P.C.

                                3.     As per the prosecution case, the petitioner is

                   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.50922 of 2025(4) dt.10-03-2026
                                            2/3




                       5. Learned counsel for the State 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 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 court of A.C.J.M,

          Rosera, Dist.- Samastipur /concerned Court below in connection

          with Hasanpur P.S. Case No. 08 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 March, 2026 to the informant and the maintenance for

          the month of March, 2026 shall be paid to the informant before

          31.03.2026 and thereafter the maintenance amount from the

          month of April, 2026 shall be paid to the informant every month
              Patna High Court CR. MISC. No.50922 of 2025(4) dt.10-03-2026
                                                          3/3




                        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)
tusharika/-

U       T


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