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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it with specified conditions.

Summary

Petitioner Pramod Kumar sought anticipatory bail fearing arrest in a dowry harassment and assault case (Sections 498A and 323 IPC) filed as Complaint No. 965 of 2023. He contended that he was falsely implicated and that neither he nor his family demanded dowry. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a condition to pay monthly maintenance of Rs.6,000 to the complainant, pending the outcome of any family‑court proceedings. The order also warned that non‑compliance could lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner accused of offences under Sections 498A and 323 IPC.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • assault
  • maintenance order
  • Section 438 CrPC
  • Arnesh Kumar case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53946 of 2025
                 Arising Out of PS. Case No.-965 Year-2023 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Pramod Kumar S/O Late Ram Ashish Yadav Resident of village- Baraon,
                 P.S.- Nokha, District- Rohtas

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Basanti Devi D/O Antu Singh R/O Sasaram, Mohalla- Nuranganj, Baulia
                 Road, Jagdev Nagar, P.S.- Sasaram, Dist.- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sanjay Kumar, Advocate
                                                Ms. Lovely Kumari, Advocate
                 For the Opposite Party/s :     Mr. Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   20-02-2026                   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. 965 of 2023 for the offence under

                   Sections 498(A) and 323 of the Indian Penal Code.

                                 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. He further submits that neither the

                   petitioner nor his family members demanded anything from the
Patna High Court CR. MISC. No.53946 of 2025(5) dt.20-02-2026
                                            2/3




          complainant.

                       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,

          Rohtas at Sasaram/concerned Court below in connection with

          Complaint Case No. 965 of 2023 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. 6000/- from the
                                  month        of     February    2026     to    the
                                  complainant/informant. The maintenance for the
                                  month of February 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
            Patna High Court CR. MISC. No.53946 of 2025(5) dt.20-02-2026
                                                        3/3




                                              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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