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Patna High Court

Bhim PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond, sureties and a monthly maintenance obligation.

Summary

Bhim Patel applied for anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 519 of 2023) that alleged offences under Sections 498A, 323, 379, 406, 504, 120B of the IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged that Patel and others assaulted the victim to demand dowry. Patel contended he was falsely implicated and sought protection under Section 438 of the CrPC. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, imposing a bail bond of Rs 10,000 with two sureties and ordering monthly maintenance of Rs 10,000 to be paid to the complainant, subject to any family‑court order. The order also directed communication to the District & Sessions Judge for compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the serious offences alleged.
  • Whether the court may impose conditions such as a maintenance payment on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • Section 438 CrPC
  • maintenance order
  • family court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87559 of 2025
                   Arising Out of PS. Case No.-519 Year-2023 Thana- GOPALGANJ COMPLAINT CASE
                                                    District- Gopalganj
                 ======================================================
                 Bhim Patel S/O Vikram Patel Resident of village- Pahadpur, P.S.- Badhariya,
                 District- Siwan

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Nitu Devi W/O Bhim Patel Resident of village- Gosiya, P.S.- Manjhagarh,
                 District- Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Dharmveer
                 For the Opposite Party/s :    Mr. Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   counsel for the informant and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 519 of 2023 filed under Sections

                   498(A), 323, 379, 406, 504, 120B of the IPC and Section ¾ of

                   the DP Act.

                                3. As per the prosecution case, the petitioner and

                   others are accused of assaulting and torturing 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.
Patna High Court CR. MISC. No.87559 of 2025(2) dt.04-02-2026
                                            2/3




                       5. Learned counsel for the informant 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 S.D.J.M.,

          Gopalganj/concerned           Court      below       in   connection   with

          Complaint Case No. 519 of 2025 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. 10,000/-
                                  from the month of February 2026 to the
                                  complainant and the maintenance for the
                                  month of February 2026 shall be paid to the
                                  complainant          before       15.02.2026   and
                                  thereafter the maintenance amount shall be
                                  paid to the complainant every month before
            Patna High Court CR. MISC. No.87559 of 2025(2) dt.04-02-2026
                                                        3/3




                                              the 10th day of the month.
                                   8. The maintenance fixed above shall be subject to

                      any order of maintenance passed by the Principal Judge, Family

                      Court, Gopalganj.

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

                      Principal District & Sessions Judge, Gopalganj through FAX for

                      its compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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