Patna High Court
Chandan GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
Petitioner Chandan Gupta sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 471 of 2017 under IPC Section 498A). He claimed innocence and highlighted that he already pays a monthly maintenance of Rs.5,000 to his wife, who is also a respondent. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to pay a total maintenance of Rs.10,000 per month to the complainant. The bail is subject to conditions under Section 438(2) of the CrPC and Section 482, and non‑compliance may lead to cancellation. The order was communicated to the District & Sessions Judge for implementation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case under IPC Section 498A.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this petition.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A IPC
- maintenance
- Arnesh Kumar principle
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69117 of 2025
Arising Out of PS. Case No.-471 Year-2017 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Chandan Gupta S/o Mukhdeo Gupta R/o Narayana Gaown, W.Z.A. 4th Floor
New Delhi, P.S.- Narayana Dakshin - Paschim Delhi, Nai Delhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Poonam Gupta W/o Chandan Gupta R/o Narayana Gaown, W.Z. 134(A), 4th
Floor, Nai Delhi (New Delhi), P.O. and P.S.- Narayana Dakshin-Paschim
(Southern-Western), Nai Delhi (New Delhi)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh
For the Opposite Party/s : Mr. Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 471 of 2017 filed under Sections
498A 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.
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. He further submits that the petitioner is
also paying a sum of Rs. 5,000/- per month as maintenance to
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the O.P. No. 2.
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,
Nawada/concerned Court below in connection with Complaint
Case No. 471 of 2017 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/- (which
includes Rs. 5,000/- already being paid to O.P. No. 2)
from the month of March 2026 to the
complainant/informant. The maintenance for the
month of March 2026 shall be paid to the
complainant/informant within ten days from
today, and thereafter, the maintenance amount
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shall be paid to the complainant/informant
every month before the 10th day of each month.
8. 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.
9. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Nawada through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
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