Created by Fuzzy Cloud

Patna High Court

Balindar Kumar @ Balendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail, finding no sufficient ground to refuse it and conditioning it on a maintenance payment.

Summary

Balindar Kumar sought anticipatory bail fearing arrest in a dowry‑related case (Trial No. 2675 of 2023) where he is charged under IPC sections 498A, 341, 323/324 and the Dowry Prohibition Act. The State opposed the bail, alleging he assaulted the victim to extract dowry. The Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, held that there was no material reason to deny anticipatory bail. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed a condition that the petitioner pay a monthly maintenance of Rs.5,000 to the informant. The maintenance order is subject to any future maintenance proceedings. The order is made under Section 438(2) of the CrPC and Section 482 of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the allegations under IPC 498A, 341, 323/324 and the Dowry Prohibition Act.
  • Whether the Court may impose a maintenance payment as a condition of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar principle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71685 of 2025
                  Arising Out of PS. Case No.-1246 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Balindar Kumar @ Balendra Kumar son of Vijay Das Resident of Village -
                 Bhatwaliya, (Bhataulia), P.S.- Motipur, District - Muzaffarpur

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar bihar
           2.    Lalita Devi Wife of Balindar Kumar @ Balendra Kumar Resident of Village
                 - Khodarpur, Ps- Madhuban, Dist- East champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Madhurendra Kumar
                 For the Opposite Party/s :     Mr.Asha Devi
                 For the Informant        :     Mr. Prateek Tandon
                                                Mr. Rohit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   16-02-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Trial No. 2675 of 2023 arising out of

                   Complaint Case No. C-1246 of 2022 registered for the offence

                   under Section 498A, 341, 323/34 of the Indian Penal Code and

                   under Section ¾ of the Dowry Prohibition Act.

                                   3. As per the prosecution case, the petitioner is

                   accused of assaulting and torturing the victim for demand of

                   dowry.

                                   4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.71685 of 2025(5) dt.16-02-2026
                                            2/3




          the petitioner that the petitioner is innocent and he has falsely

          been implicated in this case.

                          5. Learned counsel for the State has opposed 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

          six 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 SDJM, Sadar,

          East Champaran, Motihari/concerned Court below in connection

          with Trial No. 2675 of 2023 arising out of Complaint Case No.

          C-1246 of 2022, 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. 5,000/- from the

          month of February, 2026 to the informant and the maintenance
          Patna High Court CR. MISC. No.71685 of 2025(5) dt.16-02-2026
                                                      3/3




                    for the month of February, 2026 shall be paid to the informant

                    before 25.02.2026 and thereafter the maintenance amount from

                    the month of March, 2026 shall be paid to the informant every

                    month before the 10th day of the month.

                                    9. It is made clear that the aforesaid maintenance

                    order will be subject to the outcome of any order of concerned

                    Court below passed in maintenance proceedings, if any.



                                                               (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.