Patna High Court
Balindar Kumar @ Balendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 324, 341, 498A
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
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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
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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/-
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