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Patna High Court

Pintu Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and a monthly maintenance order.

Summary

The petitioner, Pintu Kumar Yadav, sought anticipatory bail fearing arrest in a criminal case (C.A. No.1143 of 2023) alleging assault and torture for dowry under Section 498-A IPC and Section 4 of the Dowry Prohibition Act. The State and the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court allowed the anticipatory bail, directing a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) CrPC and Section 482 CrPC. The Court also imposed a maintenance direction of Rs.6,000 per month to be paid to the informant, with non‑payment leading to cancellation of bail. The bail order is conditional on any future maintenance proceedings.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged dowry harassment under Section 498-A IPC and Section 4 D.P. Act.
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to the present bail application.
  • What conditions, including maintenance payments, may be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498-A
  • Dowry Prohibition Act
  • maintenance order
  • Arnesh Kumar principle
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.89183 of 2025
                    Arising Out of PS. Case No.-1143 Year-2023 Thana- KATIHAR COMPLAINT CASE
                                                     District- Katihar
                 ======================================================
                 Pintu Kumar Yadav Son of Late Jagdish Yadav @ Late Jagdish Prasad Yadav
                 R/O- Dhamdaha, P.S.- Dhamdaha, Distt.- Purnia

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar
           2.    Kalpana Kumari Wife of Pintu Kumar Yadav D/O Pramod Prasad Yadav,
                 R/O- Dirachandpur, P.O.- Chandpur, P.S.- Falka, Distt.- Katihar

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Sanjeev Kumar Singh, Advocate
                 For the State           :     Mr. Yogendra Kumar, APP
                 For the Opp. Party No.2 :     Mr. Satya Narayan Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-02-2026                     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 C.A. Case No.1143 of 2023 registered for the

                   offence under Section 498-A of the Indian Penal Code and

                   under Section 4 of the D.P. 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.89183 of 2025(3) dt.26-02-2026
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                          5. Learned counsel for the State and learned

          counsel for the informant has opposed the application of the

          petitioner.

                          6. Considering the nature of allegation 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 Court of

          SDJM, Katihar/concerned Court below in connection with C.A.

          Case No. 1143 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. 6,000/- 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.89183 of 2025(3) dt.26-02-2026
                                                          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)
pawan/-

U         T


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