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Patna High Court

Dipak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is appropriate and granted it with conditions, including a monthly maintenance payment, in accordance with the principles laid down in Arnesh Kumar v. State of Bihar.

Summary

Dipak Kumar applied for anticipatory bail fearing arrest in a 2019 complaint (No.1518C) alleging assault and dowry harassment under IPC sections 323, 498A/34 and Section 4 of the Dowry Prohibition Act. The prosecution alleged he participated in assaulting the victim to demand dowry, while the petitioner claimed innocence. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail under Section 438 of the CrPC, subject to a bail bond, two sureties, and a condition to pay monthly maintenance of Rs. 8,000 to the complainant. The maintenance order is stayed pending any decision in a separate family‑court maintenance proceeding. The court warned that non‑compliance could lead to cancellation of bail. The order was communicated to the District & Sessions Judge for enforcement.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the allegations under IPC and the Dowry Prohibition Act.
  • Whether conditions such as payment of maintenance can be imposed as part of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar principle
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53020 of 2025
                   Arising Out of PS. Case No.-1518 Year-2019 Thana- COMPLAINT CASE - DANAPUR
                                                      District- Patna
                 ======================================================
                 Dipak Kumar son of Late Mithlesh Paswan Village- Ramvaran Chatni Ram
                 Charan Chatni PS -Naubatpur District -Patna

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Neha Kumari wife of Dipak Kumar Village- Ramvaran Chatni Ram Charan
                 Chatni PS -Naubatpur District -Patna At Village and Po- Bahpura, Ps- Bihta,
                 Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Ashok Kumar Sinha
                 For the Opposite Party/s :    Mr.Dr. Kumar Uday Pratap
                                               Mr. Ankit Griyaghey
                                               Mr. Roshan Kumar
                                               Mr. Harshit Griyaghey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   09-03-2026                  Heard the learned counsel for the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 1518C of 2019 in which cognizance

                   of the offence has been taken under Sections 323, 498A/34 of

                   the Indian Penal Code 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.
Patna High Court CR. MISC. No.53020 of 2025(5) dt.09-03-2026
                                            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) with two sureties of

          the like amount each to the satisfaction of the learned S.D.J.M,

          Danapur/concerned Court below in connection with Complaint

          Case No. 1518C of 2019 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. 8000/- from the
                                  month        of      March     2026      to    the
                                  complainant/informant. The maintenance for the
                                  month of March 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.53020 of 2025(5) dt.09-03-2026
                                                        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 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, Patna through FAX for its

                      compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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