Patna High Court
Ashish Kumar Singh @ Ashish SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, in view of the principles laid down in Arnesh Kumar v. State of Bihar, anticipatory bail must be granted to the petitioner with appropriate conditions.
Summary
The petitioner, Ashish Kumar Singh, applied for anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 2567 of 2024) alleging assault and torture for dowry demands under Sections 85, 86 and 303(2) of the Bihar Negotiable Sale Act and Section 3 of the Dowry Prohibition Act. The State opposed the bail, contending the seriousness of the offences. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined whether the petitioner’s apprehension justified the grant of anticipatory bail under Section 438(2) of the Code of Criminal Procedure and Section 482 of the Bihar Negotiable Sale Act. The Court held that the petitioner was entitled to anticipatory bail, subject to a cash bond, sureties and a maintenance order in favour of the informant. Accordingly, the Court ordered the petitioner’s release on bail if arrested within six weeks, conditioned on payment of Rs. 20,000 monthly maintenance, subject to any pending maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC and Section 482 of the Bihar Negotiable Sale Act.
- Whether the allegations under the Dowry Prohibition Act and the BNS offences warrant denial of anticipatory bail.
- What conditions may be imposed while granting anticipatory bail in such cases.
Legislation cited
- Bihar Negotiable Sale Act — s. 303(2), 85, 86
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3
Subjects
- anticipatory bail
- dowry harassment
- Section 438 CrPC
- Section 482 BNS
- maintenance order
- Arnesh Kumar principle
- Bihar Negotiable Sale Act
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89602 of 2025
Arising Out of PS. Case No.-2567 Year-2024 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Ashish Kumar Singh @ Ashish Singh Son of Ganesh Singh Resident of
Village - Prabhunath Nagar Baidyanathpuri, P.S. - Chapra Town, Distt -
Saran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Shalini Kumari Wife of Ashish Kumar Singh, D/o Santosh Kumar Singh R/o
Nagar Baidyanathpuri, P.S. - Chapra Town, Dist. - Saran, Present Address -
Village - Chamarhara, P.S. - Mahnar, Dist. - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Maharaj
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Vaishali Complaint Case No. 2567 of 2024 for
the offences under Section 85, 86, 303(2) of the BNS 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
Patna High Court CR. MISC. No.89602 of 2025(5) dt.25-06-2026
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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 concerned
Court below in connection with Vaishali Complaint Case No.
2567 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. 20,000/- from the
month of June, 2026 to the informant and the maintenance for
the month of June, 2026 shall be paid to the informant before
5.7.2026 and thereafter the maintenance amount from the month
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of July, 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/-
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