Patna High Court
Madan Kumar Jayswal (Bhagat)versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for anticipatory bail, granting it with specified conditions.
Summary
The petitioner, Madan Kumar Jayswal, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 358(C) of 2023) filed under Section 498A IPC. The prosecution alleged that the petitioner, as the husband of the victim, participated in assault and torture to demand dowry. The petitioner claimed innocence and that the allegations were false. The court, relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482 of the BNSS. The bail order required a bond of Rs.10,000 with two sureties and imposed a monthly maintenance payment of Rs.7,000 to the victim, pending the outcome of any separate maintenance proceedings.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 498A IPC involving alleged dowry harassment.
- Whether the Supreme Court's directives in Arnesh Kumar v. State of Bihar apply to the grant of anticipatory bail.
- What conditions, including maintenance, may be imposed on anticipatory bail under Section 438 CrPC and Section 482 BNSS.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- anticipatory bail
- Section 498A
- maintenance
- Arnesh Kumar precedent
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88129 of 2025
Arising Out of PS. Case No.-358 Year-2023 Thana- COMPLAINT CASE District-
Kishanganj
======================================================
Madan Kumar Jayswal (Bhagat) Son of Om Prakash Bhagat R/o Village-
Kanwar Kothi, P.S.- Barari, District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dipika Kumari Wife of Madan Kumar Jayswal (Bhagat), D/o Banarsi
Chaudhary Resident of Mohalla- Khagra Ward No. 22, P.S. and District-
Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar, Advocate
For the State : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the Complainant-
Opposite Party No. 2.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 358(C) of 2023 instituted under
Sections 498(A) of the Indian Penal Code.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry. The petitioner is the husband of the victim.
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.88129 of 2025(3) dt.26-02-2026
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5. Learned counsel for the Opposite party no. 2 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
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 Sub
Divisional Judicial Magistrate, Kishanganj/concerned Court
below in connection with Complaint Case No. 358(C) 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. 7,000/- per month,
beginning from the month of February, 2026 to the opposite
party no. 2 and the maintenance for the month of February, 2026
shall be paid to the opposite party no. 2 within two weeks from
the date of pronouncement of this order and thereafter the
Patna High Court CR. MISC. No.88129 of 2025(3) dt.26-02-2026
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maintenance amount shall be paid to the opposite party no. 2
every month before the 10th day of the month.
9. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court/
concerned Court, if any.
(Sandeep Kumar, J)
P. Kumar
U T
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