Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, in accordance with Arnesh Kumar v. State of Bihar, the petitioner is entitled to anticipatory bail subject to specified conditions.
Summary
Monu Kumar applied for anticipatory bail fearing arrest in a dowry‑related case (Banka Mahila P.S. Case No. 21 of 2023) involving offences under Sections 498‑A, 323, 506, 494/34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged he assaulted the victim to demand dowry, while the petitioner claimed innocence. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court allowed the 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 informant, failure of which would lead to cancellation of bail. The order is subject to any maintenance decree by the lower court. The bail is granted for six weeks from the date of the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case involving dowry‑related offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to the present application.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 494, 498-A, 506
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Section 438 CrPC
- maintenance order
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89023 of 2025
Arising Out of PS. Case No.-21 Year-2023 Thana- MAHILA P.S. District- Banka
======================================================
Monu Kumar S/O Ram Lakhan Yadav Resident of Vill.- Tetariya, P.S.-
Bounsi, Dist.- Banka
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Binu Priya D/O Ashwani Kr. Yadav Resident of Chakkadih, P.S.- Banka,
Dist.- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
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 Banka Mahila P.S. Case No. 21 of 2023 registered for the
offence under Sections 498-A, 323, 506, 494/34 of the Indian
Penal Code and under Section 3/4 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.
Patna High Court CR. MISC. No.89023 of 2025(3) dt.23-02-2026
2/3
5. Learned counsel for the State and learned
counsel for the informant 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 Sub-
Divisional Judicial Magistrate, Banka/concerned Court below in
connection with Banka Mahila P.S. Case No. 21 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
within ten days of pronouncement of this order and thereafter
Patna High Court CR. MISC. No.89023 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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