Patna High Court
Aman Bhardwaj @ AmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to bail bond, sureties and maintenance conditions.
Summary
Petitioner Aman Bhardwaj applied for anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 439 of 2023) that alleged offences under Sections 341, 323, 498A, 504, 509 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The State opposed the bail, contending the seriousness of the alleged assault and dowry harassment. The Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, held that anticipatory bail could be granted subject to statutory conditions. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties and to comply with Section 438(2) CrPC and Section 482 CrPC. Additionally, the Court directed the petitioner to pay a monthly maintenance of Rs.15,000 to the informant, subject to any pending maintenance proceedings.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner in view of the alleged offences under the IPC and Dowry Prohibition Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A, 504, 509
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar guidelines
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74885 of 2025
Arising Out of PS. Case No.-439 Year-2023 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Aman Bhardwaj @ Aman S/O Amar Thakur @ Amar Kumar Thakur Resident
of Flat No.-2nd Ganpati Kunj Apartment Hesag, PS-Hatia, District- Ranchi,
State - Jhakhand.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Ruchi Mowar W/O Aman Bhardwaj, D/O Somendranath Mowar R/O Vill.-
Kheria, P.S.- Korha, Dist.- Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
For the State : Mr.Shahabuddin Azeem @ S. Azeem, APP
For the Gramin Bank : Mr.Ajit Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner, learned
counsel for the Bihar Gramin Bank and learned APP for the
State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 439 of 2023 for the
offences under Sections 341, 323, 498(A), 504, 509 and 34 of
I.P.C. and Sections 3 and 4 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
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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 court of S.D.J.M.,
Katihar/concerned Court below in connection with Complaint
Case No. 439 of 2023, 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. 15,000/- from the
month of March, 2026 to the informant and the maintenance for
the month of March, 2026 shall be paid to the informant before
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31.03.2026 and thereafter the maintenance amount from the
month of April, 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)
tusharika/-
U T
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