Patna High Court
Alok Kumar Pandey @ Alok Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is appropriate and granted it with specific monetary and maintenance conditions.
Summary
The petitioner, Alok Kumar Pandey, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 1291 of 2024) alleging offences under Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Dowry Prohibition Act. He contended that the allegations against him were vague and that he was falsely implicated. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to pay a monthly maintenance of Rs.5,000 to the complainant, subject to the family court’s decision. The order was conditioned on compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, and the State was permitted to seek cancellation if conditions were breached.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the seriousness of the dowry‑related allegations.
- Whether the petitioner’s alleged involvement can be deemed vague and general, warranting bail.
- What conditions may be imposed on anticipatory bail under Section 438(2) CrPC and Section 482 BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 482, 85
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 4
Subjects
- anticipatory bail
- dowry harassment
- Section 85 BNSS
- Section 4 Dowry Prohibition Act
- maintenance order
- Arnesh Kumar principle
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52563 of 2025
Arising Out of PS. Case No.-1291 Year-2024 Thana- ROHTAS COMPLAINT CASE
District- Rohtas
======================================================
Alok Kumar Pandey @ Alok Kumar Singh S/o Ramashankar Singh Vill.-
Bharkhar, PS- Mohania, Distt.- Kaimur (Bhabhua)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nisha Kumari W/o Alok Kumar Pandey, D/o Upender Rai Present R/o Vill.-
Badhaki Akoidhi, PS- Karhager, Distt.- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kiran Kumari Sharma
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 18-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 1291 of 2024 for the offences under
Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Section 4
of the DP 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. It is further submitted that there is no
Patna High Court CR. MISC. No.52563 of 2025(3) dt.18-06-2026
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specific allegation against the petitioner rather it is general and
omnibus in nature.
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) 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. 1291 of 2024 subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS and with further condition that:
(I). The petitioner is directed to pay
a maintenance amount of Rs. 5000/- 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
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today, and thereafter, the maintenance amount
shall be paid to the complainant/informant
every month before the 10th day of each month.
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 Principal Judge, Family Court
concerned, if any.
9. 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.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Rohtas at Sasaram through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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