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Patna High Court

Rinku Pandey @ Prashant Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Rinku Pandey, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 713 of 2023) involving alleged offences under IPC sections 324, 341, 498A, 354 and Section 3 of the Dowry Prohibition Act. He claimed innocence, stating he is the husband of the complainant and is willing to maintain his wife. 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 under Section 438 of the CrPC. The bail was conditioned on a Rs 7,000 monthly maintenance payment to the complainant, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482 of the CrPC. The order also made the maintenance provision subject to any pending family court proceedings and warned that non‑compliance could lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under IPC and the Dowry Prohibition Act.
  • Whether the court may impose a maintenance obligation as a condition of anticipatory bail.
  • Application of the Arnesh Kumar guidelines on arrest and bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66960 of 2025
                 Arising Out of PS. Case No.-713 Year-2023 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Rinku Pandey @ Prashant Kumar Pandey Son of Sri Baban Pande Resident of
                 Village and PO- Dibhiya PS- Kochas Distt -Rohtas

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Kavita Devi wife of Rinku Pandey Resident Of Village - Debariya, Po-
                 Khaira, Ps- Kochas, Dist- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajesh Kumar Singh
                 For the Opposite Party/s :     Mr.Kumar Ranjit Ranjan
                 For the O.P. No. 2       :     Mr. Bijay Kumar Dubey
                                                Mr. Sanjeev Kumar
                                                Mr. Raushan Raj
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   26-02-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the O.P.

                   No. 2.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 713 of 2023 registered for the offence

                   under Sections 324, 341, 498A, 354 of the Indian Penal Code

                   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.66960 of 2025(5) dt.26-02-2026
                                            2/3




          petitioner that the petitioner is innocent and he has falsely been

          implicated in this case. He further submits that the petitioner is

          the husband of the complainant and is ready to keep his wife.

                       5. Learned APP for the State and the learned counsel

          for the O.P. No. 2 have 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,

          Sasaram/concerned Court below in connection with Complaint

          Case No. 713 of 2023 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. 7000/- from the
                                  month        of     February    2026     to    the
                                  complainant/informant. The maintenance for the
                                  month of February 2026 shall be paid to the
            Patna High Court CR. MISC. No.66960 of 2025(5) dt.26-02-2026
                                                        3/3




                                              complainant/informant within ten days from
                                              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 made clear that the order of maintenance

                      passed by this Court shall be subject to the outcome of the

                      maintenance case in the Court of Principal Judge, Family Court

                      concerned, if any.

                                   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, Sasaram through FAX for

                      its compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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