Patna High Court
PRAKASH MURMUversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
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
2/3
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
Checking your session…