Patna High Court
Bimlesh Kumar @ Bimlesh PanditversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was allowed.
Summary
Bimlesh Kumar sought anticipatory bail after a complaint (Case No. 786 of 2024) alleged his involvement in offences under IPC sections 323, 341, 498A, 307, 504 and Sections 3 and 4 of the Dowry Prohibition Act, accusing him of assaulting and torturing his wife. The petitioner claimed innocence, a clean record, and argued that the allegations were false, while the State contended he was a wealthy businessman who had ousted the complainant over dowry demands. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the Court examined the necessity of granting anticipatory bail despite the seriousness of the charges. The Court granted anticipatory bail, directing a bail bond of Rs.10,000 with two sureties and imposing a monthly maintenance payment of Rs.10,000 to the wife, subject to a family court order. The order also allowed the petitioner to seek modification if the complainant failed to cooperate in the pending criminal case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the pending charges under multiple IPC sections and the Dowry Prohibition Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 323, 341, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88428 of 2025
Arising Out of PS. Case No.-786 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Bimlesh Kumar @ Bimlesh Pandit S/o Sakal Pandit R/o village- Gobindpur
Bhakhara, P.S.- Saraiya, Dist- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Mikita @ Mikki Kumari W/o Bimlesh Kumar, D/o Mohan Pandit
R/o Vill- Semra, P.S.- Turkauliya, Distt- East Champaran (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaitn Case No. 786 of 2024 registered for the offence
under Sections 323, 341, 498(A), 307, 504 of the Indian Penal
Code and Section 3/ 4 of the D.P. Act.
3. As per the prosecution case, petitioner is accused
of assaulting and torturing his wife.
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. Petitioner has clean antecedent.
5. Learned counsel for the informant as well as
Patna High Court CR. MISC. No.88428 of 2025(2) dt.15-01-2026
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learned A.P.P. for the State opposes the prayer for anticipatory
bail of the petitioner on the ground that petitioner is a big
businessman and has ousted the complainant due to non-
fulfillment of demand of dowry.
6. In view of the law laid down in the judgment of
Hon’ble Supreme Court passed Arnesh Kumar vs. State of
Bihar reported in (2014) 8 SCC 273, this application for
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 Chief Judicial
Magistrate, East Champaran, Motihari/ concerned Court below
in connection with Complaint Case No. 786 of 2024, 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 will pay
maintenance of Rs. 10,000/- (Rupees Ten Thousand Only) to
opposite party no.2, every month beginning from January, 2026
onwards. The amount shall be transferred in the bank account
of the opposite party no.2. The account details shall be provided
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by the complainant in the learned court below and the amount of
maintenance shall be subject to the result of the maintenance
order passed by the concerned Principal Judge, Family Court.
9. If the complainant does not cooperate in the
disposal of the complaint case, then the petitioner may file an
application for modification of this order in this Court.
(Sandeep Kumar, J)
tusharika/-
U T
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