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Patna High Court

Bivek Prasad @ Munna Prasad @ Vivek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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