Patna High Court
Deepak Kumar @ Deepak Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, in view of the Arnesh Kumar principles, anticipatory bail could be granted under Section 438 CrPC despite the gravity of the charges, subject to reasonable conditions.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a dowry‑related assault case (IPC §§ 323, 307, 325, 498‑A and Dowry Prohibition Act §3). The prosecution alleged he assaulted the victim to demand dowry, while the petitioner claimed innocence. The State and the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court held that an arrest was not mandatory and granted anticipatory bail under Section 438(2) of the CrPC, subject to conditions under Section 482. The order also imposed a maintenance liability of Rs. 11,000 per month to the informant, with default leading to bail cancellation. The bail was ordered to be secured by a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in a case involving serious offences under the IPC and Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to prevent unnecessary arrest of the petitioner.
- Whether imposing a maintenance payment as a condition of bail is permissible.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 307, 323, 325, 498-A
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 CrPC
- Dowry Prohibition Act
- IPC offences
- Arnesh Kumar principle
- maintenance order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73941 of 2025
Arising Out of PS. Case No.-1075 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Deepak Kumar @ Deepak Kumar Sah S/o Late Shanichar Sah R/o vill
-Bhawanandpur, ward no. 9, P.O. - Panapur, P.S.- Virpur, Distt.- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Minu Kumari W/o Deepak Kumar @ Deepak Kumar Sah, D/o Parmanand
Sah R/o vill - Bhawanandpur, ward no. 9, P.O. - Panapur, P.S.- Virpur, Distt.-
Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 1075© of 2024 registered
for the offence under Section 323, 307, 325, 498-A 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
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.73941 of 2025(3) dt.09-03-2026
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been implicated in this case.
5. Learned counsel for the State and learned
counsel for the informant has opposed the application of the
petitioner.
6. Considering the aforesaid facts along with 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 Judicial
Magistrate-1st Class, Begusarai/concerned Court below in
connection with Complaint Case No. 1075© 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. 11,000/- from the
month of March, 2026 to the informant and the maintenance for
the month of March, 2026 shall be paid to the informant within
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ten days of pronouncement of this order and thereafter the
maintenance amount from the month of April, 2026 shall be
paid to the informant every month before the 10 th day of the
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
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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