Patna High Court
Shainki KhnujaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Securities Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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