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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, imposing bail bonds, sureties and a maintenance condition.

Summary

Sunil Kumar applied for anticipatory bail fearing arrest in a complaint (No. 737 of 2023) alleging offences under Section 498A of the IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged that he, along with others, assaulted and tortured the victim to demand dowry. The petitioner claimed innocence and sought protection from arrest. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond, two sureties and a monthly maintenance payment of Rs.5,000 to the complainant. The order also made the maintenance direction conditional on any pending family‑court proceedings and warned that non‑compliance could lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged dowry‑related offences under Section 498A IPC and Section 3 DP Act.
  • Whether the court may impose a maintenance payment as a condition of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry harassment
  • maintenance order
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54906 of 2025
                 Arising Out of PS. Case No.-737 Year-2023 Thana- COMPLAINT CASE - BIKRAMGANJ
                                                     District- Rohtas
                 ======================================================
                 Sunil Kumar S/O Vijay Singh R/O Village- Kachchhawan, P.S.-
                 Kachchhawan, Dist.- Rohtas

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Rinki Kumari D/O Arun Kumar, W/O Sunil Kumar R/O Village-
                 Nilkanthpur , P.O. and P.S.- Suryapura , Dist.- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Rajani Kant Singh
                 For the Opposite Party/s :   Mr. Nityanand
                                              Mr. Rakesh Kumar Mishra
                                              Mr. Kanhaiya Rao
                                              Mr. Sanjeet Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   09-03-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   O.P.No. 2.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 737 of 2023 filed for the offence

                   under Section 498A of the Indian Penal Code and Section ¾ 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
Patna High Court CR. MISC. No.54906 of 2025(5) dt.09-03-2026
                                            2/3




          petitioner that the petitioner is innocent and he has falsely been

          implicated in this case.

                       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 A.C.J.M,

          1st Bikramganj, Rohtas/concerned Court below in connection

          with Complaint Case No. 737 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. 5000/- 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
            Patna High Court CR. MISC. No.54906 of 2025(5) dt.09-03-2026
                                                        3/3




                                              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 through FAX for its

                      compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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