Gautam Singh @ Gautam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2781 of 2023 Arising Out of PS. Case No.-470 Year-2018 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Gautam Singh @ Gautam Kumar Singh Son Of Manilal Singh R/VBallamjan, P.S.- Maheshkhunt, District- Khagaria ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Moni Devi Wife Of Gautam Singh, D/O Binod Mandal R/V- Naya Gawan Pachkhutti, P.S.- Parbatta, District- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Ms. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2026 It has come to notice that seriatim of the order numbers in the present case is not in proper sequence. In these circumstances, let the same be corrected, and the orders dated 04.05.2023 and 12.10.2023 be treated as Order No. 2 and Order No. 3, respectively, passed in this case. Office is directed to act accordingly.

2. Heard the learned counsel for the petitioner and the learned counsel for the State.

3. The petitioner apprehends his arrest in connection with Complaint Case No. 470C of 2018 registered for the offence under Sections 498A of the Indian Penal Code and Sections 3⁄4 of the DP Act.

Patna High Court CR. MISC. No.2781 of 2023(4) dt.20-02-2026 2/3

4. As per the prosecution case, the petitioner and others are accused of assaulting and torturing the victim for demand of dowry.

5. 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. The petitioner claims clean antecedent.

6. Learned APP for the State has opposed the application of the petitioner.

7. 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.

8. 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 S.D.J.M, Khagaria/concerned Court below in connection with Complaint Case No. 470C of 2018 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:

Patna High Court CR. MISC. No.2781 of 2023(4) dt.20-02-2026 3/3 (I). The petitioner is directed to pay a maintenance amount of Rs. 6000/- from the month of February 2026 to the complainant/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.

9. 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.

10. 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.

11. Let a copy of this order be communicated to the Principal District & Sessions Judge, Khagaria through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U T