Patna High Court
Bivek Prasad @ Munna Prasad @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with specified bail bond, sureties, and maintenance conditions.
Summary
The petitioner, Bivek Prasad, was accused in a 2019 complaint under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for allegedly torturing his wife and throwing her out of the matrimonial home. He applied for anticipatory bail, claiming innocence and false implication. The State and the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, directing a bail bond of Rs.10,000 with two sureties and imposing conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.S. Additionally, the court ordered the petitioner to pay monthly maintenance of Rs.11,000 to his wife and children, subject to the family court’s final decision. The order is effective if the petitioner surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts of the case
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable
- Whether the petitioner should be directed to pay maintenance pending the outcome of the family court case
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- dowry prohibition
- maintenance order
- CrPC
- bail conditions
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76748 of 2024
Arising Out of PS. Case No.-2763 Year-2019 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Bivek Prasad @ Munna Prasad @ Vivek Kumar Son of Rajeshwar Prasad
R/O-Village- Madhopur, P.S.- Jalalpur, District- Saran at Chapra (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ranju Devi D/O- Bajrangi Singh and wife of Bivek Prasad @ Munna Prasad
Resident of Village- Mahammadpur, P.S.- Madhaurah (Gaura O.P.), Distt.-
Saran at chapra (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard the learned counsel for the petitioner, the
learned counsel for the informant and the learned A.P.P. for the
State.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 2763 of 2019 instituted under Sections
498 (A) of the Indian Penal Code and Section 3/4 of the Dowry
Prohibition Act.
3. As per prosecution case, the petitioner is accused
of torturing his wife and thereafter throwing her out of
matrimonial home.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.76748 of 2024(3) dt.09-02-2026
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in the FIR and he has falsely been implicated in this case.
5. The learned A.P.P. for the State and learned
counsel for the informant oppose the prayer for anticipatory bail
of the petitioner.
6. Considering the submission of the parties and in
view of the law 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 four
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 Sub Divisional
Judicial Magistrate, Saran at Chapra in connection with
Complaint Case No. 2763 of 2019, subject to the conditions laid
down in Section 438(2) of Cr.P.C/ Section 482 of the B.N.S.S.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 11,000/- for
maintenance of his wife and two children from the month of
February, 2026 to the informant and the maintenance for the
month of February, 2026 shall be paid to the informant within
one week from the date of pronouncement of this order and
Patna High Court CR. MISC. No.76748 of 2024(3) dt.09-02-2026
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thereafter the maintenance amount shall be paid to the informant
every month before the 10th day of the month.
9. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
(Sandeep Kumar, J)
vashudha/-
U
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