Patna High Court
Ranjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner with specified bond and maintenance conditions.
Summary
The petitioner, Ranjit Kumar, applied for anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 1403 of 2022) alleging offences under IPC sections 323, 504 and 498‑A and a provision of the Domestic Violence Act. He claimed innocence and that the allegations were false. The State and the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail subject to a Rs 10,000 bond with two sureties and conditions under Section 438(2) CrPC and Section 482. Additionally, the Court ordered the petitioner to pay a monthly maintenance of Rs 7,000 to the informant, with non‑payment leading to bail cancellation. The bail order is conditional on any future maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable.
- Whether a maintenance payment can be imposed as a condition of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Domestic Violence Act — s. 3
- Indian Penal Code — s. 323, 498-A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80465 of 2025
Arising Out of PS. Case No.-1402 Year-2022 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Ranjit Kumar Son of Umesh Singh Resident of village Telihar Ward No.- 7,
P.S.- Beldaur, District - Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Madhulata Kumari Wife of Ranjit Kumar D/o Lakshman Mahto, Resident at
Kothiya Ward No.- 8, P.S.- Mahishi, District - Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 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. 1403 of 2022 registered for the
offence under Sections 323, 504, 498-A of the Indian Penal
Code and under Sections ¾ of the D.P. 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
been implicated in this case.
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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, First Class, Saharsa/concerned Court below in
connection with Complaint Case No.1402c of 2022, 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. 7,000/- 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
ten days of pronouncement of this order and thereafter the
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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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