Patna High Court
Vicky Kumar @ Vicky Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 34, 498A
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/-
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