Patna High Court
Uday Shankar Kumar @ Uday Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties and a monthly maintenance condition.
Summary
The petitioner, Uday Shankar Kumar, sought anticipatory bail fearing arrest in a dowry‑related case (Nauhatta P.S. Case No. 230 of 2025) where he was alleged to have assaulted the victim for dowry. The prosecution charged him under several sections of the Bihar Negotiable Securities Act and the Dowry Prohibition Act. The petitioner argued innocence, lack of specific allegations, and clean antecedents. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined the necessity of arrest and the scope of anticipatory bail under Section 438 CrPC. The Court granted anticipatory bail subject to a cash bond, sureties, compliance with Section 482 of the BNSS, and a condition to pay monthly maintenance to the complainant, noting that the maintenance order is interim pending the family court’s decision. The order also warned that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under the BNSS and Dowry Prohibition Act.
- Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to restrain unnecessary arrest.
- What conditions may be imposed on anticipatory bail, including maintenance payment.
Legislation cited
- Bihar Negotiable Securities Act — s. 115(2), 126(2), 3, 3(5), 351(2), 352, 4, 482, 85
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar guidelines
- maintenance order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92051 of 2025
Arising Out of PS. Case No.-230 Year-2025 Thana- NAUHATTA District- Rohtas
======================================================
Uday Shankar Kumar @ Uday Shankar Prasad S/O Late Baid Nath Prasad
Resident of Village- Dara Nagar, P.S.- Nauhtta, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Supriya kumari w/o Uday Shankar Kumar D/o Chattu Sah vill and PO Barao
Kala P S Akori Gola DIst Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner apprehends his arrest in connection
with Nauhatta P.S. Case No. 230 of 2025, for the offence under
Sections 126(2)/115(2)/352/85/351(2) and 3(5) of the B.N.S.
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 been
Patna High Court CR. MISC. No.92051 of 2025(3) dt.24-02-2026
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implicated in this case. He further submits that there is no
specific allegation against the petitioner. Petitioner has clean
antecedent.
5. Learned APP for the State has opposed the
application of the petitioner.
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 for 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 anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned J.M., 1st
Class, Dehri, Rohtas /concerned Court below in connection with
Nauhatta P.S. Case No. 230 of 2025, 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. 8000/- from the
month of February 2026 to the complainant
Patna High Court CR. MISC. No.92051 of 2025(3) dt.24-02-2026
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/informant. The maintenance for the month of
February 2026 shall be paid to the
complainant/informant within ten days from
today, and thereafter, the maintenance amount
shall be paid to the complainant /informant every
month before the 10th day of each month.”
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of the
maintenance case in the Court of Principal Judge, Family Court
concerned, if any.
9. Needless to state that, if the petitioner fails to abide
by the terms and conditions, as stated hereinabove, the State
shall be at liberty to file an appropriate application, before the
learned concerned Court below for cancellation of bail granted
to the petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Rohtas through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Ranjeet/-
U T
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