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Patna High Court

PRAKASH MURMUversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner with specified conditions.

Summary

Petitioner Prakash Murmu was implicated in a complaint (CA1456 of 2023) alleging torture, assault, and a demand for Rs. 2,00,000 as dowry under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. He applied for anticipatory bail, claiming innocence and false implication. The State and the informant opposed the bail, but the Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail. The order required a bail bond of Rs. 10,000 with two sureties and imposed a maintenance payment of Rs. 7,000 per month to the informant, subject to the family court’s decision. The bail is conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482 of the Cr.P.C.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. despite serious allegations under 498A IPC and the Dowry Prohibition Act
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this case
  • Whether the Court can impose a maintenance direction as a condition of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry prohibition
  • maintenance order
  • Section 438 Cr.P.C.
  • Arnesh Kumar principle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86256 of 2024
                    Arising Out of PS. Case No.-1456 Year-2023 Thana- KATIHAR COMPLAINT CASE
                                                     District- Katihar
                 ======================================================
                 PRAKASH MURMU S/o Late Bandar Murmu @ Late Chandar Murmu R/o
                 Village- Mohjan, P.S.- Falka, Distt.- Katihar

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Anita Kumari W/o Prakash Murmu, D/o Babu Ram Baski R/o Village-
                 Mohjan, P.S.- Falka, Distt.- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Upendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   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. CA1456 of 2023 instituted under

                   Sections 498 (A) of the Indian Penal Code and Section 4 of the

                   Dowry Prohibition Act.

                                   3. As per prosecution case, the petitioner and other

                   tortured and assaulted the informant and Rs. 2,00,000/- was also

                   demanded as dowry.

                                   4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.86256 of 2024(5) dt.09-02-2026
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          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, Katihar in connection with Complaint Case

          No. CA1456 of 2023, 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. 7,000/- for

          maintenance 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 thereafter the maintenance
             Patna High Court CR. MISC. No.86256 of 2024(5) dt.09-02-2026
                                                         3/3




                       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      T


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