Patna High Court
AshwinideepversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and a monthly maintenance payment condition.
Summary
The petitioner, Ashwinideep, was accused of multiple offences including assault, torture, and dowry harassment under various sections of the Bihar Negotiable Securities Act, the Dowry Prohibition Act and the Information Technology Act. He filed an application for anticipatory bail fearing arrest in Mahila P.S. Case No. 88 of 2025. The court, relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, considered the applicability of Section 438 of the Code of Criminal Procedure and the discretion under Section 482 of the BNSS. The court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to pay a monthly maintenance of Rs.10,000 to the informant, subject to any maintenance order of the lower court. The order is conditional and remains subject to the outcome of any maintenance proceedings.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the charges framed against him.
- Whether the court can impose a maintenance payment condition as part of anticipatory bail.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to the present case.
Legislation cited
- B.N.S. — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Information Technology Act, 2000 — s. 66(e)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- dowry harassment
- maintenance order
- Arnesh Kumar precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6644 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
Ashwinideep S/o Sri Uday Prasad Barnewal R/o Village - In Front of 1st
Maszid Nadarganj, Mallah Toli, Gaya, P.S.- Civil Line, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahila P.S. Case No. 88 of 2025 for the
offences under Sections 126(2), 115(2), 352, 351(2), 85, 3(5),
69, 318 of B.N.S. and under Section ¾ of the Dowry Prohibition
Act and Section 66(e) of the I.T. 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.
5. Learned counsel for the State has opposed the
Patna High Court CR. MISC. No.6644 of 2026(3) dt.24-02-2026
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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 Judicial
Magistrate 1st Class, Patna /concerned Court below in
connection with Mahila P.S. Case No. 88 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. 10,000/- 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 01.03.2026 and thereafter the maintenance amount from
the month of March, 2026 shall be paid to the informant every
month before the 10th day of the month.
Patna High Court CR. MISC. No.6644 of 2026(3) dt.24-02-2026
3/3
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/-
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