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Patna High Court

Shainki KhnujaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail must be granted, subject to specified conditions, in the present 498A case.

Summary

The petitioner, Shainki Khnuja, sought anticipatory bail fearing arrest in a 498A dowry harassment case (Complaint No. 3006 of 2023). The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner claimed innocence and expressed willingness to maintain his wife and child. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438 of the CrPC, subject to a bail bond, two sureties, and a condition to pay monthly maintenance of Rs.20,000 to the informant and child, unless the parties cohabit. The order also directed compliance with any family court maintenance order and communicated the order to the District & Sessions Judge for enforcement.

Issues considered

  • Whether anticipatory bail should be granted in a 498A dowry harassment case under Section 438 CrPC.
  • Whether the High Court may impose a maintenance payment condition as part of anticipatory bail.
  • Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry harassment
  • maintenance
  • CrPC
  • High Court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87212 of 2025
                  Arising Out of PS. Case No.-3006 Year-2023 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Shainki Khnuja S/o Late Dilbag Singh Khanuja Resident of - Near Federal
                 Bank Nirsa Chitti, P.S - Nirsa, District - Dhanbad

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Manprit Kaur W/o Shainki Khnuja, D/o Harbhajan Singh Resident of - Gyan
                 Babu Chowk, Near - Gurudwara, Panjabi Colony, P.S - Motihari, District -
                 East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Aditya Nath Pandey
                 For the Opposite Party/s :    Mr. Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 3006 of 2023, for the offence under

                   Sections 498A of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner and

                   others are accused of assaulting 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. The learned counsel for the petitioner

                   further submits that the petitioner is ready to keep his wife full

                   honour and dignity.
Patna High Court CR. MISC. No.87212 of 2025(2) dt.04-02-2026
                                            2/3




                       5. Learned counsel for the State has opposed the

          application of the petitioner.

                       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 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 Judicial

          Magistrate, 1st Class, Motihari, East Champaran/concerned

          Court below in connection with Complaint Case No. 3006 of

          2023 subject to the conditions laid down in Section 438(2) of

          the Code of Criminal Procedure, 1973 / Section 482 of the

          BNSS and with further condition that:

                                               (I). The petitioner is directed to
                                  pay a maintenance amount of Rs. 20,000/-
                                  from the month of February 2026 to the
                                  informant and child. The maintenance for
                                  the month of February 2026 shall be paid to
                                  the     informant       before   10.02.2025   and
                                  thereafter the maintenance amount shall be
            Patna High Court CR. MISC. No.87212 of 2025(2) dt.04-02-2026
                                                        3/3




                                              paid to the informant every month before the
                                              10th day of the month.
                                                           (ii). The maintenance fixed above
                                              shall be subject to any order passed by the
                                              Principal Judge Family Court Motihari,
                                              East Champaran.



                                   8. It is clarified that if the petitioner and the informant

                      choose to live together, as the petitioner has stated he is willing

                      to keep his wife and child, the petitioner will not be required to

                      pay maintenance, as both parties will be residing together.

                      However, if the parties do not live together, the petitioner shall

                      be obligated to pay the maintenance as fixed above.

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

                      Principal District & Sessions Judge, Motihari, East Champaran

                      through FAX for its compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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