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Patna High Court

Subodh Kumar @ Subosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.66985 of 2025(5) dt.24-02-2026
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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
           Patna High Court CR. MISC. No.66985 of 2025(5) dt.24-02-2026
                                                       3/3




                     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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