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Patna High Court

Prabhat Kumar @ Prabhat PathakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to bail bond, sureties and a maintenance payment condition.

Summary

The petitioner, Prabhat Kumar (also known as Prabhat Pathak), sought anticipatory bail fearing arrest in a dowry‑related case (Sitamarhi Mahila P.S. Case No. 34 of 2024) filed under IPC sections 498A, 341, 323, 504, 406, 506/34. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner pleaded innocence and applied for anticipatory bail, which was opposed by the informant’s counsel. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the court granted anticipatory bail subject to a bail bond, sureties, and a condition that the petitioner pay monthly maintenance to the informant and her children. The order also stipulated compliance with Section 438(2) of the CrPC and Section 482 of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable.
  • Whether imposing a maintenance payment condition is permissible in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • Section 438 CrPC
  • Section 482 CrPC
  • maintenance order
  • Arnesh Kumar precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89363 of 2025
                     Arising Out of PS. Case No.-34 Year-2024 Thana- MAHILA P.S. District- Sitamarhi
                 ======================================================
                 Prabhat Kumar @ Prabhat Pathak S/O Late Bhawanand Pathak Resident of
                 village Choraut Uttari, Ward No.1, P.S. Choraut, District- Sitamarhi.
                                                                               ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar Bihar
           2.     Priyanka Kumari Wife of Prabhat Kumar @Prabhat Pathak Dio Gopal
                  Krishna Thakur, Presently residing at Village- Dharharwa, P.S. Parihar,
                  District- Sitamarhi.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Garg
                 For the Opposite Party/s :        Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                  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 Sitamarhi Mahila P.S. Case No. 34 of 2024 registered under

                   Sections 498(A), 341, 323, 504, 406, 506/34 of I.P.C.

                                3. As per the prosecution case, the petitioner and others

                   are 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.

                                5. Learned counsel for the informant has opposed the

                   application of the petitioner.
              Patna High Court CR. MISC. No.89363 of 2025(2) dt.04-02-2026
                                                          2/2




                                     6. Considering the submission of the parties and in light

                        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 four

                        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 S.D.J.M., Sadar,

                        Sitamarhi/concerned Court below in connection with Sitamarhi

                        Mahila P.S. Case No. 34/2024 subject to the conditions laid down

                        in Section 438(2) of the Code of Criminal Procedure, 1973 /

                        Section 482 of the BNSS and with further condition that:

                                                     (I). The petitioner is directed to pay a

                                        maintenance amount of Rs. 11,000/- from the month of

                                        January 2026 to the informant and her two children

                                        and the maintenance for the month of January and

                                        Februrary 2026 shall be paid to the informant before

                                        28.02.2026 and thereafter the maintenance amount

                                        shall be paid to the informant every month before the

                                        10th day of the month.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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