Patna High Court
Om Prakash Singh @ Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail should be granted, subject to bond, sureties and a maintenance condition, in accordance with the Arnesh Kumar guidelines.
Summary
The petitioner, Om Prakash Singh, sought anticipatory bail fearing arrest in a dowry‑related case (PS‑747/2022) involving alleged offences under IPC sections 498, 323, 504, 379 and 34. He claimed he was falsely implicated, while the State opposed the bail. The High Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, granted anticipatory bail subject to a Rs.10,000 bond, two sureties and compliance with Section 438(2) of the CrPC and Section 482. The Court also imposed a maintenance direction of Rs.7,000 per month to the informant, with bail cancellation if payment defaults. The order is conditional on any future maintenance proceedings.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to this case.
- Whether a maintenance order can be attached as a condition to anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 323, 34, 379, 498, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- CrPC
- maintenance order
- Arnesh Kumar principle
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88789 of 2025
Arising Out of PS. Case No.-747 Year-2022 Thana- BIKRAMGANJ District- Rohtas
======================================================
Om Prakash Singh @ Om Prakash Kumar S/O Gangi Singh R/O Village-
Majhariya, P.S- Karakat, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. Sunita @ Sunita Kumar D/O Radheshyam Singh, W/O Om Prakash Singh
R/O Village- Majhariya, P.S- Karakat (Gorari), District- Rohtas, Presently
R/O Village- Usharpura, P.S- Bikramganj, District- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Upadhyay
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-02-2026 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 Bikramganj P.S. Case No. 747 of 2022
registered for the offence under Section 498, 323, 504, 379, 34
of the Indian Penal Code.
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.
Patna High Court CR. MISC. No.88789 of 2025(3) dt.23-02-2026
2/3
5. Learned counsel for the State has opposed the
application of the petitioner.
6 . Considering the aforesaid facts along with 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 Additional
Chief Judicial Magistrate-I, Bikramganj, Rohtas/concerned
Court below in connection with Bikramganj P.S. Case No. 747
of 2022, 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/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
within ten days of pronouncement of this order and thereafter
Patna High Court CR. MISC. No.88789 of 2025(3) dt.23-02-2026
3/3
the maintenance amount from the month of March, 2026 shall
be paid to the informant every month before the 10 th day of the
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
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/-
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