Patna High Court
Vikky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to a cash bond, sureties and a monthly maintenance condition.
Summary
Vikky Kumar applied for anticipatory bail fearing arrest in a dowry‑harassment case (Section 498(a) IPC) arising from Complaint No. 519(c) of 2023. The prosecution alleged he assaulted the victim to demand dowry, while the petitioner claimed innocence. The State and the complainant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail under Section 438(2) CrPC and Section 482 of the BNSS, subject to a cash bond and two sureties. The order also imposed a monthly maintenance payment of Rs 10,000 to the complainant, with non‑payment leading to cancellation of the bail bond. The bail is to be surrendered within six weeks if the petitioner is arrested or surrenders.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 498(a) IPC.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable.
- Whether imposing a maintenance payment as a condition of bail is permissible.
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498(a)
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- maintenance order
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82640 of 2025
Arising Out of PS. Case No.-519 Year-2023 Thana- COMPLAINT CASE - BARH District-
Patna
======================================================
Vikky Kumar Son of Rambadan Singh Resident of Village- MIrjapur,
Vanduar, P.O.- BIshunpur, P.S.- Muffasil, District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Komal Kumari D/o Sudhesh Kumar Resident of Village and P.O.- Sivnar,
P.S.- Mokama, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arjun Prasad, Advocate
For the State : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner, learned
counsel for the opposite party no. 2-Complainant and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 519(c) of 2023 registered for the
offence under Sections 498(a) of the Indian Penal Code.
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.82640 of 2025(3) dt.13-03-2026
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5. Learned counsel for the State and learned
counsel for the complainant 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, 1st Class, Barh/concerned Court below in connection
with Complaint Case No. 519(c) 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. 10,000/- from the
month of March, 2026 to the complainant and the maintenance
for the month of March, 2026 shall be paid to the complainant
within ten days of pronouncement of this order and thereafter
Patna High Court CR. MISC. No.82640 of 2025(3) dt.13-03-2026
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the maintenance amount from the month of April, 2026 shall be
paid to the complainant every month before the 10th 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)
P. Kumar
U T
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