Bivek Prasad @ Munna Prasad @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76748 of 2024 Arising Out of PS. Case No.-2763 Year-2019 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Bivek Prasad @ Munna Prasad @ Vivek Kumar Son of Rajeshwar Prasad R/O-Village- Madhopur, P.S.- Jalalpur, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ranju Devi D/O- Bajrangi Singh and wife of Bivek Prasad @ Munna Prasad Resident of Village- Mahammadpur, P.S.- Madhaurah (Gaura O.P.), Distt.- Saran at chapra (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2026 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No. 2763 of 2019 instituted under Sections 498 (A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per prosecution case, the petitioner is accused of torturing his wife and thereafter throwing her out of matrimonial home.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.76748 of 2024(3) dt.09-02-2026 2/3 in the FIR and he has falsely been implicated in this case.

5. The learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner.

6. Considering the submission of the parties and in view of the law 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 Sub Divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 2763 of 2019, subject to the conditions laid down in Section 438(2) of Cr.P.C/ Section 482 of the B.N.S.S.

8. As a condition of this order, the petitioner is directed to pay a maintenance amount of Rs. 11,000/- for maintenance of his wife and two children from the month of February, 2026 to the informant and the maintenance for the month of February, 2026 shall be paid to the informant within one week from the date of pronouncement of this order and

Patna High Court CR. MISC. No.76748 of 2024(3) dt.09-02-2026 3/3 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) vashudha/- U