Patna High Court
Chhotelal Singh @ Chhotelal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified bond, surety, and maintenance conditions.
Summary
The petitioner, Chhotelal Singh, sought anticipatory bail in a criminal miscellaneous proceeding concerning a complaint under Section 498-A of the IPC alleging dowry harassment. The prosecution alleged that the petitioner assaulted the victim to demand dowry, while the petitioner claimed innocence and false implication. The State and the informant opposed the bail application. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. Additionally, the petitioner was ordered to pay a maintenance amount of Rs.15,000 to the informant, with failure to do so resulting in cancellation of bail. The order is subject to any further maintenance proceedings before the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a 498-A case.
- Whether the Supreme Court precedent in Arnesh Kumar v. State of Bihar is applicable to the present bail application.
- Whether imposing a maintenance payment as a condition of bail is permissible.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 498-A IPC
- dowry harassment
- maintenance order
- Criminal Procedure Code
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55339 of 2025
Arising Out of PS. Case No.-2084 Year-2022 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Chhotelal Singh @ Chhotelal Kumar Singh S/o Late Vipat Singh Resident of
Village- Yadavpur Sukal, PS- Yadavpur, Distt.- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Baby Devi W/o Chhotelal Singh @ Chhotelal Kumar Singh, D/o Rajkishor
Singh R/o vill - Yadavpur Balua Tola, P.S.- Yadavpur, Distt.- Gopalganj. At
present R/o vill - Ahirauli Dan, P.s. - Taraiya Sujan, Distt.- Kushinagar, U.P.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj Singh
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 2084 of 2022 / Trial No. 1847 of 2025
registered for the offence under Section 498-A of the Indian
Penal Code.
3. As per the prosecution case, the petitioner is
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.55339 of 2025(5) dt.26-02-2026
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5. Learned counsel for the State and learned
counsel for the informant has opposed the application of the
petitioner.
6. Considering the aforesaid facts along with the
submission of the parties and in view 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 of
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
six weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Gopalganj/concerned Court below in
connection with Complaint Case No. 2084 of 2022 / Trial No.
1847 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 15,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
Patna High Court CR. MISC. No.55339 of 2025(5) dt.26-02-2026
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within ten days of pronouncement of this order and thereafter
the maintenance amount from the month of March, 2026 shall
be paid to the informant every month before the 10 th day of the
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
Vikas/-
U
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