Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 323, 34, 498A
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
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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
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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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