Patna High Court
Subodh Kumar @ Subosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with specified conditions, including a bail bond, sureties, and a monthly maintenance payment.
Summary
Petitioner Subodh Kumar, accused under IPC sections 341, 323, 498A, 504 and 506 for alleged dowry‑related assault, applied for anticipatory bail fearing arrest in Kako P.S. Case No. 98 of 2024. The petitioner claimed innocence and alleged false implication, while 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 a maintenance obligation of Rs.12,000 per month to the informant. The maintenance order is subject to any pending family‑court maintenance proceedings and may be waived if the informant is proved to be a government servant. The order is made under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry‑harassment case.
- Whether the court may impose a maintenance payment as a condition of anticipatory bail.
- Applicability of the guidelines laid down in Arnesh Kumar v. State of Bihar to the present application.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- IPC sections 341, 323, 498A, 504, 506
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66985 of 2025
Arising Out of PS. Case No.-98 Year-2024 Thana- KAKO District- Jehanabad
======================================================
Subodh Kumar @ Subosh Kumar S/o Surendra Kumar R/o Vill-
Kajidaulatpur, P.S.- Kako, Distt- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rina Kumari @ Reena Kumari W/o Subodh Kumar @ Subosh Kumar R/o
Vill- Kajidaultpur, P.S.- Kako, Distt- Jehanabad, at present R/o Vill- Malahi
Kali Sthan, P.S.- Barh, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dheeraj Kumar, Advocate
For the State : Mr.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
The petitioner apprehends arrest in connection with
Kako P.S. Case No. 98 of 2024 instituted under Sections 341,
323, 498(A), 504 and 506 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. The petitioner is the husband of the victim.
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
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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 S.D.J.M.,
Jehanabad/concerned Court below in connection with Kako P.S.
Case No. 98 of 2024, 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. 12,000/- per
month, beginning from the month of February, 2026 to the
informant and the maintenance for the month of February, 2026
shall be paid to the informant within one week from the date of
pronouncement of this order and thereafter the maintenance
amount shall be paid to the informant every month before the
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10th day of the month.
9. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
10. Further, if the petitioner is able to prove in the
Court below that the informant is also a Government servant
then the petitioner shall not be required to pay the maintenance
amount to the informant as it has been contended by learned
counsel for the petitioner that the informant is a teacher in a
Government school.
(Sandeep Kumar, J)
P. Kumar
U T
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