Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for anticipatory bail, imposing a bail bond, sureties, and a maintenance condition.
Summary
Petitioner Rahul Kumar sought anticipatory bail fearing arrest in a dowry harassment case under Section 498(A) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he, along with others, assaulted and tortured the victim to demand dowry. The petitioner pleaded innocence and applied for anticipatory bail, which was opposed by the State. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a monthly maintenance payment of Rs.15,000 to the complainant. The order also stipulated that the maintenance condition remains subject to any decision of the Family Court and that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under Section 498(A) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the court may impose a maintenance payment as a condition of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 482, 498(A)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- Section 498(A)
- Bharatiya Nyaya Sanhita
- CrPC Section 438
- CrPC Section 482
- maintenance order
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72891 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- COMPLAINT CASE-ARWAL District-
Arwal
======================================================
Rahul Kumar S/o Nanha Buti Paswan R/o Village - Chauri, P.O - Dhandhuan,
P.S - Chauri, District - Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sharda Devi D/o Jugesh Paswan W/o Rahul Kumar, R/o village - Sohasa,
P.S - Mahendia, District - Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Prasad Singh
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Seen the Office Notes.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 15 of 2025 filed for the offence under
Sections 498(A) of the Bharatiya Nyaya Sanhita, 2023.
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.
5. Learned APP for the State has opposed the
application of the petitioner.
Patna High Court CR. MISC. No.72891 of 2025(4) dt.13-03-2026
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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 Chief
Judicial Magistrate, Arwal/concerned Court below in connection
with Complaint Case No. 15(C) of 2025 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. 15,000/- 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
shall be paid to the complainant/informant
every month before the 10th day of each month.
Patna High Court CR. MISC. No.72891 of 2025(4) dt.13-03-2026
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8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of the
maintenance case in the Court of Principal Judge, Family Court
concerned, if any.
9. 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.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Arwal through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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