Patna High Court

Golu KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was granted to the petitioner subject to conditions.

Summary

Golu Kumar applied for anticipatory bail fearing arrest in a dowry‑related case (Bihta P.S. Case No. 878 of 2022) involving alleged assault, torture and dowry demands under IPC sections 341, 323, 494, 498A read with section 34 and under the Dowry Prohibition Act. The petitioner claimed innocence and sought protection from arrest. The informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, directing a bail bond of Rs.10,000 with two sureties and imposing conditions under CrPC sections 438(2) and 482. The court also ordered the petitioner to pay monthly maintenance of Rs.7,000 to the informant. The order was pronounced by Justice Sandeep Kumar.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry‑related offences.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482
Dowry Prohibition Act — s. 75
Indian Penal Code — s. 323, 34, 341, 494, 498A

Subjects

anticipatory bail
dowry harassment
IPC
CrPC
maintenance order
Section 438
Section 482
Arnesh Kumar principle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63101 of 2025
                         Arising Out of PS. Case No.-878 Year-2022 Thana- BIHTA District- Patna
                 ======================================================
                 Golu Kumar Son of Birbal Sao Resident of Village - Pankari, P.S.- Bihta,
                 District - Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Durga Kumari Daughter of Chhotan Saw Wife of Golu Kumar, Resident of
                 Village - Pankari, P.S.- Bihta, District - Patna. At present resident of Village
                 and P.O.- Amhara, P.S.- Bihta, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Sinha
                 For the Opposite Party/s :        Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   21-01-2026                       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 Bihta P.S. Case No. 878 of 2022 registered for

                   the offence under Sections 341, 323, 494, 498A read with

                   Section 34 of the Indian Penal Code and under Section ¾ of the

                   D.P. 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
Patna High Court CR. MISC. No.63101 of 2025(5) dt.21-01-2026
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          been implicated in this case.

                          5. Learned counsel for the informant 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

          four 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 Additional

          Chief Judicial Magistrate-I, Danapur, Patna/concerned Court

          below in connection with Bihta P.S. Case No. 878 of 2022,

          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. 7,000/- from the

          month of January, 2026 to the informant and the maintenance

          for the month of January, 2026 shall be paid to the informant

          before 31.01.2026 and thereafter the maintenance amount shall
          Patna High Court CR. MISC. No.63101 of 2025(5) dt.21-01-2026
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                    be paid to the informant every month before the 10 th day of the

                    month.



                                                            (Sandeep Kumar, J)
Vikas/-

U

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