Patna High Court
Rigendra Kumar Singh @ Bhuali Singh @ Rigendar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Rigendra Kumar Singh, sought anticipatory bail fearing arrest in a case (Baikunthpur P.S. Case No. 105 of 2022) involving alleged offences under Sections 341, 323, 504, 506, 498A, 406 and 34 of the IPC. The informant, Soni Kumari, alleged physical and mental torture by the petitioner’s family members and demanded a sum of Rs. 5,00,000 for medical treatment. The petitioner contended that he was falsely implicated, while the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar and the provisions of Section 438(2) CrPC, the court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to conditions including payment of monthly maintenance to the informant. The order also directed the petitioner to pay Rs. 6,000 as maintenance for January 2026 and thereafter each month before the 10th day.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in view of the alleged offences.
- Applicability of the Arnesh Kumar guidelines on unnecessary arrests.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 34, 341, 406, 498, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- domestic violence
- maintenance order
- Arnesh Kumar guidelines
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90953 of 2025
Arising Out of PS. Case No.-105 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Rigendra Kumar Singh @ Bhuali Singh @ Rigendar Singh S/O Birendra
Singh @ Virendra Singh R/O Vill.- Gangoi, P.S- Ishuapur, Dist.- Saran at
Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari W/O Rigendra Kumar Singh,D/O Nawal Kishor Singh R/O
Vill.- Hemu Chapra, P.S- Baikunthpur,Dist- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 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 Baikunthpur P.S. Case No. 105 of 2022
registered for the offence under Sections 341, 323, 504, 506,
498(A), 406, 34 of the Indian Penal Code.
3. As per the prosecution case, the informant Soni
Kumari filed a report on 12.04.2022 alleging she married
Rigendra Kumar Singh nine years prior but couldn’t conceive
due to her husband’s ignorance regarding medical treatment.
Her mother-in-law Umrawati Devi and brother-in-law Tarun
Kumar Singh allegedly tortured her physically and mentally,
Patna High Court CR. MISC. No.90953 of 2025(2) dt.28-01-2026
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demanding Rs. 5,00,000/- from her parents for medical
treatment.
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.
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
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 Judicial
Magistrate 1st Class, Gopalganj /concerned Court below in
connection with Baikunthpur P.S. Case No. 105 of 2022, 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
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directed to pay a maintenance amount of Rs. 6,000/- from the
month of January, 2026 to the informant and the maintenance
for the month of January, 2026 shall be paid to the informant
before 31.01.2026 and thereafter the maintenance amount shall
be paid to the informant every month before the 10 th day of the
month.
(Sandeep Kumar, J)
tusharika/-
U T
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