Patna High Court
Rahim Kumar Singh @ Dinesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Rahim Kumar Singh, sought anticipatory bail fearing arrest in a dowry‑related case (PS No.208/2023) involving alleged assault and harassment under IPC sections 341, 323, 504, 506, 498A and Section 3 of the Dowry Prohibition Act. He claimed innocence and asserted that settlement negotiations were underway, while the State and the complainant opposed bail, alleging the petitioner was trying to delay settlement. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court examined whether anticipatory bail could be granted despite the serious allegations. The Court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to pay a monthly maintenance of Rs 15,000 to the complainant, subject to the outcome of any family‑court proceedings. The order also stipulated that non‑compliance could lead to cancellation of bail and that the maintenance could be discontinued if the parties settled the dispute.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged offences under the IPC and Dowry Prohibition Act.
- Whether the settlement negotiations between the parties affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- settlement negotiations
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55408 of 2025
Arising Out of PS. Case No.-208 Year-2023 Thana- DAUDPUR District- Saran
======================================================
Rahim Kumar Singh @ Dinesh Kumar Singh S/o Yogendra Singh R/o
Village- Gyaani Chapra, P.S- Manjhi, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Nil D/o Sri Sher Bahadur Singh R/o visha Tola, Daudnagar, P.S.-
Daudpur, Distt.- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
For the O.P. No. 2 : Mr. Nawal Kishore Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 26-02-2026 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 Daudpur P.S. Case No. 208 of 2023 registered for the
offence under Sections 341, 323, 504, 506, 498(A) 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
petitioner that the petitioner is innocent and he has falsely been
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implicated in this case. He further submits that the talks of
settlement are going on between the parties.
5. Learned APP for the State and the learned counsel
for the informant have opposed the application of the petitioner.
The learned counsel for the informant submits that the petitioner
is working in a gulf country and earning handsome money but
he wants to delay the settlement.
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 Chief
Judicial Magistrate, Saran/concerned Court below in connection
with Daudpur P.S. Case No. 208 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:
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(I). The petitioner is directed to pay
a maintenance amount of Rs. 15,000/- 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
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. The aforesaid maintenance amount fixed by this
Court shall not preclude the petitioner and Opposite Party No. 2
from settling the dispute. If the dispute is settled and an
agreement is filed before the Court below, the maintenance shall
stand discontinued by the Court below.
11. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Saran at Chapra through
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FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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