Patna High Court
Binkatesh Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond, sureties and a maintenance order.
Summary
The petitioner, Binkatesh Kumar Rai, applied for anticipatory bail fearing arrest in a dowry‑related assault case (Complaint No. 1200 of 2023) alleging offences under IPC sections 323, 324, 498A/34 and the Dowry Prohibition Act. The prosecution alleged that the petitioner assaulted the victim to demand dowry, while the petitioner claimed innocence and false implication. The court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, examined whether the arrest was necessary and whether anticipatory bail could be granted. It granted anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond of Rs. 10,000 with two sureties. Additionally, the court imposed a maintenance direction of Rs. 10,000 per month to the informant, pending any separate maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests apply.
- Whether conditions such as bail bond, sureties, and maintenance can be imposed alongside anticipatory bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 324, 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC sections 323
- IPC sections 324
- IPC section 498A
- Section 34 IPC
- Dowry Prohibition Act
- Section 438 CrPC
- Section 482 BNSS
- maintenance order
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87634 of 2025
Arising Out of PS. Case No.-1200 Year-2023 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
Binkatesh Kumar Rai S/o Chanar Rai R/o Village - Bartiyar, P.S. - Sandesh,
Distt.- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Radha Kumari @ Puja Kumari W/o Binkatesh Kumar Rai, D/o Anil Rai R/o
vill - Bachari, P.S.- Piro, Distt.- Bhojpur, at present D/o Anil Rai, R/o vill -
Piro Birahimpur More, ward no. 26, P.s. - Piro, Distt.- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar Singh
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 1200© of 2023 for the
offences under Sections 323, 324, 498(A)/34 of the Indian Penal
Code and under Section ¾ of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner is
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 complainant has
opposed the application of the petitioner.
6 . Considering the submission of the parties and in
view 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
six 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 SDJM,
Bhojpur at Ara/concerned Court below in connection with
Complaint Case No. 1200 of 2023, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 10,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
before 15.02.2026 and thereafter the maintenance amount from
the month of March, 2026 shall be paid to the informant every
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month before the 10th day of the month.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
Vikas/-
U
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