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Patna High Court

Ranjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.80465 of 2025(4) dt.10-03-2026
                                            2/3




                          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
          Patna High Court CR. MISC. No.80465 of 2025(4) dt.10-03-2026
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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/-

U


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