Patna High Court
Arjun Chaupal @ Arjun TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Settlement Scheme — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 342, 498A, 504, 506
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
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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
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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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