Patna High Court
Ravi KumarversusThe 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 payment.
Summary
The petitioner, Ravi Kumar, sought anticipatory bail fearing arrest in a complaint (No. 54(C) of 2024) alleging offences under Sections 323, 498A, 506, 354, 376, 511, 120B/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner pleaded innocence and applied for anticipatory bail, while the informant opposed the application. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the court allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. The court also imposed a maintenance direction of Rs.10,000 per month to the informant, pending the outcome of any separate family court maintenance proceedings.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the serious offences alleged.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrest.
- Whether the court can condition anticipatory bail on payment of maintenance to the informant.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 323, 34, 354, 376, 498A, 506, 511
Subjects
- anticipatory bail
- Section 438 CrPC
- Arnesh Kumar principle
- Dowry Prohibition Act
- maintenance order
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91026 of 2025
Arising Out of PS. Case No.-54 Year-2024 Thana- COMPLAINT CASE District- Lakhisarai
======================================================
Ravi Kumar S/O Ram Pravesh Sharma R/O Village- Navgadh, P.O-
Kanhaiyaganj, P.S- Telhara, Distt.- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khushboo Kumari D/O Arbind Kumar, W/O Ravi Kumar R/O Village-
English, Lakhisarai, P.S. and Dist.- Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar, Advocate
For the State : Mr.Ajay Kumar No. 2, 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 Complaint Case No. 54(C) of 2024 registered
for the offence under Sections 323, 498(A), 506, 354, 376, 511,
120(B)/34 of the Indian Penal Code and Section 3/4 of the
Dowry Prohibition Act.
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
Patna High Court CR. MISC. No.91026 of 2025(2) dt.28-01-2026
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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 Chief Judicial
Magistrate, Lakhisarai/concerned Court below in connection
with Complaint Case No. 54(C) 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. 10,000/- from the
month of January, 2026 to the informant and the maintenance
for the month of January, 2026 shall be paid to the informant
within one week from the date of pronouncement of this order
Patna High Court CR. MISC. No.91026 of 2025(2) dt.28-01-2026
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and thereafter the maintenance amount shall be paid to the
informant every month before the 10th day of the month.
9. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
(Sandeep Kumar, J)
P. Kumar
U T
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