Patna High Court
Himanshu Kumar @ ChandanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with specified conditions.
Summary
The petitioner, Himanshu Kumar (alias Chandan), was accused in a dowry harassment case (Complaint No. 277 of 2024) under IPC sections 498A and 34 and the Dowry Prohibition Act. He applied for anticipatory bail, claiming innocence and false implication. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, directing a bail bond of Rs.10,000 with two sureties and imposing a monthly maintenance payment of Rs.8,000 to the informant, subject to any maintenance order from the lower court. The order is conditioned on compliance with CrPC sections 438(2) and 482. The bail is to be surrendered within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry harassment complaint.
- Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Section 34 IPC
- Dowry Prohibition Act
- maintenance order
- CrPC 438
- CrPC 482
- Arnesh Kumar guidelines
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89328 of 2025
Arising Out of PS. Case No.-277 Year-2024 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Himanshu Kumar @ Chandan Son of Late Om Prakash Singh @ Manikant
Singh Resident of village - Pali, P.S.- Kashichak, District - Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priya Kumari Wife of Himanshu Kumar @ Chandan Resident of village -
Pali, Post and P.S.- Kashichak, District - Nawada. At present - Shir Bipin
Singh @ Shishir Prasad, Resident of village - Bhadseni, P.S.- Hisua, District
- Nawada (Bihar) Mob no. 8102011143
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arjun Prasad
For the Opposite Party/s : Mr.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 277 of 2024 for the
offences under Section 498(A)/34 of the Indian Penal Code and
under Section ¾ 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
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been implicated in this case.
5. Learned counsel for the State has opposed the
application of the petitioner.
6 . Considering 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 SDJM,
Nawada/concerned Court below in connection with Complaint
Case No. 277 of 2024, 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. 8,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
before 15.02.2026 and thereafter the maintenance amount from
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the month of March, 2026 shall be paid to the informant every
month before the 10th day of the month.
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/-
U
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