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Patna High Court

SHIVSHAKTRI CHOUHANversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.1362 of 2024(6) dt.23-02-2026
                                                        3/3




                                              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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