Patna High Court
Sadhdha Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail must be granted, subject to specified conditions, in accordance with the principles laid down in Arnesh Kumar v. State of Bihar.
Summary
The petitioner, Sadhdha Kumar Singh, applied for anticipatory bail fearing arrest in a dowry harassment complaint (Case No. 170c of 2023) alleging offences under IPC sections 323, 341, 498-A, 504/34 and Dowry Prohibition Act sections 3/4. The State opposed the bail, asserting the petitioner’s involvement in assault and torture for dowry demands. The petitioner claimed innocence and false implication. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar regarding unnecessary arrests, the Court granted anticipatory bail under Section 438(2) of the CrPC, subject to a Rs.10,000 bail bond, two sureties, and a monthly maintenance payment of Rs.5,000 to the informant. Failure to pay the maintenance would lead to cancellation of the bail. The order is subject to any further maintenance proceedings by the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under IPC and the Dowry Prohibition Act.
- Whether the Court can impose a maintenance payment as a condition of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498-A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Section 438 CrPC
- Section 482 CrPC
- maintenance order
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89172 of 2025
Arising Out of PS. Case No.-170 Year-2023 Thana- COMPLAINT CASE District-
Kishanganj
======================================================
Sadhdha Kumar Singh S/o- Rajendra Singh Resident of village-Mahnora ,
ward No. 3 P.S-Angar Hat District-Purnea
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ujala Kumari W/o- Sadhdha Kumar Singh, D/o- Radha Mohan Singh R/v-
Fulbari Ps- Kishanganj Dist- Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amal Kumar Sinha
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 170c of 2023 registered for the
offence under Sections 323, 341, 498-A, 504/34 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.89172 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, Kishanganj/concerned Court
below in connection with Complaint Case No. 170c 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. 5,000/- 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.89172 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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