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Patna High Court

Ajay Tripathi @ Ajay TripathyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions imposed by the Court.

Summary

The petitioner, Ajay Tripathi, sought anticipatory bail fearing arrest in a criminal case (Katihar Town P.S. Case No. 819 of 2023) involving offences under Sections 498A, 406, 120B, 354 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that he, as the husband, was involved in dowry demand and torture of his wife, who is the complainant. The petitioner pleaded innocence, highlighted a clean antecedent and a child living with the wife, and was represented by Mr. Md. Helal Ahmad. The State, represented by an A.P.P., opposed 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, two sureties, and a mandatory monthly maintenance payment of Rs.7,000 to the complainant, along with directions to appear before the Family Court for a pending maintenance case. The order also stipulated that failure to comply would lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the serious offences alleged.
  • Whether conditions such as a maintenance payment and appearance before the Family Court can be imposed as part of anticipatory bail.
  • Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding arrest and bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • maintenance order
  • family court
  • Arnesh Kumar principle
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83571 of 2025
                  Arising Out of PS. Case No.-819 Year-2023 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Ajay Tripathi @ Ajay Tripathy S/o Late Rajendra Tripathi @ Rajindra
                 Tripathi @ Rajendra Tripathy R/o Village - Amarut, P.O - Amarut, P.S -
                 Bahera, District - Gaya, Also resides at Village - Chulharbigha, P.S - Bela,
                 District - Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Poonam Kumari W/o Ajay Tripathi @ Ajay Tripathy D/o Krishnanand Jha,
                 R/o - Naya Tola, Ward No. 34, Near - Ramkanthu Madhya Vidyalaya, P.S -
                 Nagar Katihar, District - Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Helal Ahmad, Adv.
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   01-07-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. The petitioner apprehends arrest in connection

                   with Katihar Town P.S. Case No. 819 of 2023, registered for

                   offences under Sections 498(A), 406, 120(B), 354 & 34 of the

                   I.P.C. read with Section 3/4 of the D.P. Act.

                                   3. As per the prosecution case, the petitioner is the

                   husband of the victim. The victim (O.P. No. 2) has filed this

                   case for demand of dowry and torture.

                                   4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   Learned counsel submits that the parties have a child, who is
Patna High Court CR. MISC. No.83571 of 2025(6) dt.01-07-2026
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          staying with the O.P. No. 2, i.e. the wife of the petitioner. The

          petitioner bears clean antecedent.

                          5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                          6. Considering the submission of the parties and in

          light 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 for 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 anticipatory bail on

          furnishing bail bonds of Rs. 10,000/- (Ten Thousand Only) with

          two sureties of the like amount each to the satisfaction of the

          learned Court below where the case is pending/successor Court

          in connection with Katihar Town P.S. Case No. 819 of 2023,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S. with further conditions that:

                                               (i). The petitioner is directed to pay a
                                  maintenance amount of Rs.7,000/- from the
                                  month           of    July     2026       to     the
                                  complainant/informant. The maintenance for the
                                  month of July 2026 shall be paid to the
                                  complainant/informant within ten days from
Patna High Court CR. MISC. No.83571 of 2025(6) dt.01-07-2026
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                                  today, and thereafter, the maintenance amount
                                  shall be paid to the complainant/informant
                                  every month before the 10th day of each month,
                                  failing which the bail bonds of the petitioner
                                  shall automatically be cancelled by the court
                                  below.
                          8. The petitioner is avoiding his appearance in the

          Maintenance Case No. 309 of 2023 which is pending in the

          court of learned Principal Judge, Family Court, Katihar.

                          9. The petitioner is directed to appear before the

          learned Principal Judge, Family Court, Katihar on 06.07.2026

          and on that date, the learned Principal Judge, Family Court,

          Katihar will fix a date in the maintenance case and proceed with

          the case on day to day basis and conclude the same at the

          earliest, preferably within a period of three months.

                          10. The learned Principal Judge, Family Court,

          Katihar will proceed ex-parte against the non-cooperating party.

          The maintenance amount of Rs. 7,000/- shall be subject to the

          outcome of any maintenance order passed by the learned

          Principal Judge, Family Court, Katihar.

                          11. Needless to state that, if the petitioner fails to

          abide by the terms and conditions, as stated hereinabove, the

          State shall be at liberty to file an appropriate application before

          the learned concerned court below for cancellation of bail
            Patna High Court CR. MISC. No.83571 of 2025(6) dt.01-07-2026
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                      granted to the petitioner.

                                      12. Let a copy of this order be communicated to the

                      learned Principal District & Sessions Judge, Katihar through

                      FAX for its compliance forthwith.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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