Patna High Court
Manish KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, applying the Arnesh Kumar principles, anticipatory bail may be granted subject to a bail bond, sureties and a maintenance condition.
Summary
Manish Kumar sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 1693 of 2021) alleging offences under IPC sections 498A, 120B, 494 and Section 3 of the Dowry Prohibition Act. The prosecution alleged that he assaulted the victim to demand dowry, while the petitioner claimed false implication. The State opposed the bail, but the court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a maintenance order of Rs.8,000 per month to the informant. The bail was conditioned on compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, and the maintenance order remains subject to any future maintenance proceedings. The order effectively allows the petitioner to avoid arrest for six weeks, provided the stipulated conditions are met.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under IPC 498A, 120B, 494 and the Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar necessitate granting anticipatory bail despite the seriousness of the alleged offences.
- Whether imposing a maintenance payment as a condition of anticipatory bail is permissible.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 120B, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- maintenance order
- Section 438 CrPC
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56057 of 2025
Arising Out of PS. Case No.-1693 Year-2021 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
Manish Kumar S/O Jaikant Mandal Vill.- Barohiya, P.s.- Budhuchak, Dist.-
Bhagalpur.
... ... Petitioner/s
Versus
1. The State Of Bihar Patna
2. Tanuja Kumari D/O Kamleshwari Mandal Vill.- Jangal Gopali, P.s.-
Kahalgaon, Dist.- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 1693 of 2021 for the
offences under Sections 498A, 120B, 494 of I.P.C. and under
Section ¾ of the Dowry Prohibition Act.
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.
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5. Learned counsel for the State has opposed the
application of the petitioner.
6 . Considering 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 court of J.M. 1 st
Class, Bhagalpur /concerned Court below in connection with
Complaint Case No. 1693 of 2021, 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. 8,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
before 25.02.2026 and thereafter the maintenance amount from
the month of March, 2026 shall be paid to the informant every
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month before the 10th day of the month.
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)
tusharika/-
U T
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