Patna High Court
Pravesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Petitioner Pravesh Kumar sought anticipatory bail fearing arrest in a dowry harassment case (Deoriya P.S. Case No. 221 of 2024) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the DP Act. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner claimed innocence and filed an anticipatory bail application. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the Court allowed the application, directing the petitioner to furnish bail bonds and two sureties, and imposing a maintenance payment to the complainant. The bail is subject to conditions under Section 438(2) of the CrPC, Section 482 of the BNSS, and the order may be cancelled for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115, 126(2), 3(5), 351(2), 352, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- DP Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- Section 438 CrPC
- Bharatiya Nyaya Sanhita
- DP Act
- maintenance order
- Arnesh Kumar principle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66559 of 2025
Arising Out of PS. Case No.-221 Year-2024 Thana- DEWARIA District- Muzaffarpur
======================================================
1. Pravesh Kumar S/O Kamaldeo Ram R/O Vill.- Madhopur Bujurg, P.S.-
Deoriya, Dist.- Muzaffarpur
2. Kamaldeo Ram S/O Late Mahavir Ram R/O Vill.- Madhopur Bujurg, P.S.-
Deoriya, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anjali Kumari D/O Rajendra Ram R/O Vill.- Alhdadpur, P.S. Dist.- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
For the O.P. No. 2 ; Mr. Mohd Shahrukh Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Deoriya P.S. Case No. 221 of 2024 registered for the
offence under Sections 126(2),115, 85, 352, 351(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023, 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
Patna High Court CR. MISC. No.66559 of 2025(5) dt.26-02-2026
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petitioner that the petitioner is innocent and he has falsely been
implicated in this case.
5. Learned APP for the State has opposed the
application of the petitioner.
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 S.D.J.M,
(West), Muzaffarpur/concerned Court below in connection with
Deoriya P.S. Case No. 221 of 2024 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:
(I). The petitioner is directed to pay
a maintenance amount of Rs. 10,000/- 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
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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 clarified that the order of maintenance passed
by this Court shall be subject to the outcome of Maintenance
Case No. 379 of 2024/concerned maintenance case pending
between the parties, pending in the Court of the Principal Judge,
Family Court, Muzaffarpur. The Principal Judge, Family Court,
Muzaffarpur is directed to dispose of the said case
expeditiously, preferably within three months from today.
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. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Muzaffarpur through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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