Patna High Court
SHIVSHAKTRI CHOUHANversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail should be granted, subject to strict conditions, in accordance with the Arnesh Kumar principles.
Summary
The petitioner, Shivshaktri Chouhan, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 518 of 2021) alleging offences under IPC sections 498A, 323, 379, 504, 506/34 and Section 3 of the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted the complainant to extract dowry. The petitioner claimed innocence and that he was falsely implicated. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail subject to a bail bond of Rs 10,000, two sureties, and a maintenance order of Rs 7,000 per month payable to the complainant, with compliance to CrPC Sec 438(2) and BNSS Sec 482. The maintenance direction is interim, pending any family‑court determination, and non‑compliance may lead to bail cancellation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under CrPC Sec 438 in view of the alleged offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrest.
- Whether the Court can impose a maintenance condition as part of anticipatory bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 379, 498A, 504, 506/34
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- Section 438 CrPC
- Section 482 BNSS
- Arnesh Kumar principle
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1362 of 2024
Arising Out of PS. Case No.-518 Year-2021 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Shivshaktri Chouhan Son Of Nitya Nand Chouhan @ Nitya Nand Prasad
Chauhan Resident Of Village - Chandi, Police Station - Chandi, District -
Bhojpur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Puja Kumari Wife Of Shivshakti Chouhan Resident Of Village - Chandi,
Police Station - Chandi, District - Bhojpur At Present D/O. Prahlad Prasad
Bind, Resident Of Village - Nityamatpur, Police Station - Harnaut, District -
Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh
For the Opposite Party/s : Mr. Rajendra Prasad Nat
Mr. Binit Kumar
Mr. Sonu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 23-02-2026 Seen the Office notes.
2. Heard the learned counsel for the parties.
3. The petitioner apprehends his arrest in connection
with Complaint Case No. 518 of 2021 for the offence under
Sections 498A, 323, 379, 504, 506/34 of the Indian Penal Code
and Section ¾ of the DP Act.
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
Patna High Court CR. MISC. No.1362 of 2024(6) dt.23-02-2026
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petitioner that the petitioner, who is the husband of the
complainant, is innocent and has falsely been implicated in this
case.
6. Learned APP for the State and the learned counsel
for the O.P. No. 2 have 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 Judicial
Magistrate, 1st Class, Nalanda at Biharsharif/concerned Court
below in connection with Complaint Case No. 518 of 2021
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. 7000/- from the
month of February 2026 to the
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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, Nalanda at Biharsharif
through FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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