Patna High Court
Pintu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498-A
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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