Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
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
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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
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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 through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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