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Patna High Court

Prabhat Kumar GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Petitioner Prabhat Kumar Gupta applied for anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 334 of 2023) under Section 498A IPC. The prosecution alleged that the petitioner, along with others, assaulted and tortured the victim to demand dowry. The petitioner claimed innocence and sought relief, while the informant opposed the bail. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the Court allowed the anticipatory bail application, directing a bail bond of Rs.10,000 with two sureties and imposing a monthly maintenance payment of Rs.10,000 to the informant. The order was made under Section 438(2) of the CrPC and Section 482 of the BNSS, and the petitioner was to surrender within four weeks if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case involving alleged dowry harassment under Section 498A IPC.
  • Whether the precedent set by Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 is applicable to the present application.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498A
  • Criminal Procedure Code
  • maintenance order
  • Arnesh Kumar precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63376 of 2025
                 Arising Out of PS. Case No.-334 Year-2023 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Prabhat Kumar Gupta S/o Ganesh Prasad Gupta R/o Village - Badhiya, P.S -
                 Ara, District - Bhojpur (Ara)
                                                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar Bihar
           2.     Seema Kumari W/o Prabhat Kumar D/o Kanhaiya Prasad Gupta R/o Village
                  - Badhiya, P.S - Ara, District - Bhojpur At present R/o Village - Moresarai,
                  P.S - Shiv Sagar, District - Rohtas
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mohit Shriwastava
                 For the Opposite Party/s :        Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   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 Complaint Case No. 334 of 2023 registered for

                   the offence under Sections 498(A) of the Indian Penal Code.

                                   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 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
          Patna High Court CR. MISC. No.63376 of 2025(3) dt.21-01-2026
                                                      2/2




                    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 Chief Judicial

                    Magistrate,      Sasaram,       Rohtas/concerned     Court   below   in

                    connection with Complaint Case No. 334 of 2023, 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. 10,000/- 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

                    be paid to the informant every month before the 10 th day of the

                    month.


                                                            (Sandeep Kumar, J)
Vikas/-

U


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