Patna High Court
Deelip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with conditions under Section 438 CrPC and Section 482 BNS.
Summary
Deelip Kumar applied for anticipatory bail fearing arrest in a dowry‑related case (Mahila P.S. Case No. 18 of 2025) where he is accused of assault and torture for dowry demand under sections of the Bihar Negotiable Sale Act and the Dowry Prohibition Act. The petitioner claimed innocence and alleged false implication. The State opposed the bail. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail under Section 438 of the CrPC and Section 482 of the BNS, subject to a bail bond, sureties, and a maintenance order in favour of the informant. The court also directed the Family Court to dispose of a pending divorce suit within six months. The order is conditional on compliance with the maintenance direction and any further orders of the lower court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the allegations under the Dowry Prohibition Act and BNS provisions.
- Whether the precedent set by Arnesh Kumar v. State of Bihar is applicable to the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
Subjects
- anticipatory bail
- dowry harassment
- Criminal Procedure Code
- Section 438
- Section 482
- maintenance order
- family law
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51221 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
Deelip Kumar son of Pramod Roy Resident Of Vastu Vihar, Army Colony,
Mthiyapur, Ps -Danapur, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suman Kumari Wife of Deelip Kumar village- chakeyaj, Po- mahnar, Ps-
Sahdai Bujurg, Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Nibash Prasad
For the Opposite Party/s : Mr.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahila P.S. Case No. 18 of 2025 registered for
the offence under Sections 115(2), 126(2), 85, 3(5) of the BNS
and under Sections ¾ of the Dowry Prohibition Act.
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.51221 of 2025(3) dt.19-02-2026
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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 Judicial
Magistrate, 1st Class, Patna/concerned Court below in
connection with Mahila P.S. Case No. 18 of 2025, 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. 20,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
within ten days of pronouncement of this order and thereafter
the maintenance amount from the month of March, 2026 shall
Patna High Court CR. MISC. No.51221 of 2025(3) dt.19-02-2026
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be paid to the informant every month before the 10 th 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.
10. The Principal Judge, Family Court, Patna is
directed to dispose of the Divorce Case No. 1488 of 2024
pending before him within six months from today. He will
proceed ex-parte against the non-cooperating party.
(Sandeep Kumar, J)
Vikas/-
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