Patna High Court
Vishal Kumar Singh @ VishalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail must be granted, subject to conditions, in accordance with the Arnesh Kumar principles.
Summary
The petitioner, Vishal Kumar Singh, sought anticipatory bail fearing arrest in a dowry harassment case (IPC 498A) filed as Complaint No. C-1906 of 2023. He claimed innocence and alleged false implication, while the State opposed the bail. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438(2) of the CrPC, subject to a Rs.10,000 bail bond, two sureties, and a monthly maintenance payment of Rs.10,000 to the informant. The bail may be cancelled if the maintenance is not paid. The order is also subject to any future maintenance proceedings. The court thus allowed the petition for anticipatory bail with specified conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in a case involving alleged offence under IPC 498A.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrest.
- Whether imposing a maintenance payment as a condition of bail is permissible.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- IPC 498A
- dowry harassment
- Section 438 CrPC
- maintenance condition
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52098 of 2025
Arising Out of PS. Case No.-1906 Year-2023 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Vishal Kumar Singh @ Vishal S/o Late Surendra Kumar Singh R/o Village-
Amraha, P.S- Raghunathpur, District- Siwan, At present House No.
24/148/83, Arundhati Nagar Mala Gudda, Near Gandhi Statue, Yaprl, P.S.-
Jawahar Nagar, Distt.- Secunderabad (Telengana)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nelu Kumari D/o Fanindra Kumar Singh R/o vill - Bakri Ghurapali, P.O.
and P.S. - Rasulpur, Distt.- Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. C-1906 of 2023 registered for the
offence under sections 498(A) of the Indian Penal Code.
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.52098 of 2025(3) dt.20-02-2026
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5. Learned counsel for the State and learned
counsel for the informant has opposed the application of the
petitioner.
6. Considering the aforesaid facts along with 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, Saran at Chhapra/concerned Court below
in connection with Complaint Case No. C-1906 of 2023, 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. 10,000/- 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
Patna High Court CR. MISC. No.52098 of 2025(3) dt.20-02-2026
3/3
the maintenance amount from the month of March, 2026 shall
be paid to the informant every month before the 10 th day of the
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
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)
N.K/-
U T
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