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Patna High Court

Vicky Kumar @ Vicky Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, subject to specified bail bond, sureties and a monthly maintenance order.

Summary

The petitioner, Vicky Kumar, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 1435(C) of 2023) alleging offences under Sections 498A, 323 and 34 of the IPC read with Section ¾ of the Dowry Prohibition Act. He claimed innocence and a clean record, while the State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and ordering monthly maintenance of Rs.10,000 to the complainant. The maintenance order is subject to any pending family‑court proceedings and the BSF is directed to deduct the amount from the petitioner’s salary. The court warned that non‑compliance could lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving Sections 498A, 323, 34 IPC and the Dowry Prohibition Act.
  • Application of the Supreme Court’s principles in Arnesh Kumar v. State of Bihar to the present anticipatory bail application.
  • Conditions that may be imposed under Section 482(2) of the Code of Criminal Procedure while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • maintenance order
  • Section 482 CrPC
  • Arnesh Kumar guidelines
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51076 of 2025
                    Arising Out of PS. Case No.-1435 Year-2023 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                 ======================================================
                 Vicky Kumar @ Vicky Kumar Singh S/O Satyendra Kumar Singh Residence
                 of Village- Aamai, P.S.- Piro (Hasan Bazar), District- Bhojpur, at present
                 resident of Village/Muhulla - Kalyani, Kachara Para, Siyaldah, West Bengal.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Manisha Kumari W/O Vicky Kumar, D/O Rajkumar R/O Village- Aamai,
                 P.S- Piro (Hasan Bazar), Distt.- Bhojpur, at present resident of
                 Village/Muhalla- Shobhi Dumra, P.S- Aara Ruler, Distt.- Bhojpur, Mobile-
                 8294329072.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ranjeet Kumar Mishra, Adv.
                 For the Opposite Party/s :    Mr. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   18-06-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 1435(C) of 2023 registered for the

                   offence under Sections 498(A)/323/34 of the I.P.C. read with

                   Section ¾ of the D.P. Act.

                                3. As per the prosecution case, the petitioner and

                   others 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 he has falsely been

                   implicated in this case. The petitioner bears clean antecedent.
Patna High Court CR. MISC. No.51076 of 2025(6) dt.18-06-2026
                                            2/3




                       5. Learned APP for the State has opposed the

          application of the petitioner.

                       6. Considering the submission of the parties and in

          light 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 for 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 anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Ten Thousand Only) with two

          sureties of the like amount each to the satisfaction of the learned

          Court below where the case is pending/successor Court in

          connection with Complaint Case No. 1435(C) of 2023, subject

          to the conditions as laid down under Section 482(2) of the

          B.N.S.S. and with further condition that:

                                               (i). The petitioner is directed to pay a
                                  maintenance amount of Rs.10,000/- from the
                                  month           of    June     2026       to     the
                                  complainant/informant. The maintenance for the
                                  month of June 2026 shall be paid to the
                                  complainant/informant within ten days from
                                  today, and thereafter, the maintenance amount
                                  shall be paid to the complainant/informant
                                  every month before the 10th day of each month.
            Patna High Court CR. MISC. No.51076 of 2025(6) dt.18-06-2026
                                                        3/3




                                   8. It is made clear that the order of maintenance

                      passed by this Court shall be subject to the outcome of the

                      maintenance case in the Court of learned Principal Judge,

                      Family Court concerned, if any.

                                   9. It is hereby directed that the Director General,

                      B.S.F. shall ensure that the maintenance amount is deducted

                      from the salary/account of the petitioner on a monthly basis and

                      the same shall be directly credited to the bank account of O.P.

                      No. 2 without any delay.

                                   10. Needless to state that, if the petitioner fails to

                      abide by the terms and conditions, as stated hereinabove, the

                      State shall be at liberty to file an appropriate application, before

                      the learned concerned Court below for cancellation of bail

                      granted to the petitioner.

                                   11. Let a copy of this order be communicated to the

                      learned Principal District & Sessions Judge, Bhojpur at Ara and

                      the Director General, B.S.F. through FAX for its compliance

                      forthwith.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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