Patna High Court
Bhim PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Instruments Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act, 1986 — s. 3
- Indian Penal Code — s. 120B, 323, 379, 406, 498A, 504
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.
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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
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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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