Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to bond and maintenance conditions.
Summary
The petitioner, Pankaj Kumar, was arrested in connection with a dowry harassment case (Bikramganj P.S. Case No. 792 of 2025) alleging assault and torture for non‑payment of a Rs. 4‑lakh dowry demand. He applied for regular bail, claiming innocence and false implication, while the State and complainant opposed the bail. The court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar regarding unnecessary arrests, allowed the bail application. The petitioner was released on bail upon furnishing a Rs. 10,000 bond with two sureties and was directed to pay a monthly maintenance of Rs. 5,000 to the informant, subject to any family court orders. The order emphasizes that the maintenance direction is interim and contingent on the outcome of any related family court proceedings.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under sections 126(2), 115(2), 85, 109 and 3(5) of the B.N.S.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrest apply to this case
- Conditions to be imposed on bail, including maintenance obligations
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 85
Subjects
- bail
- dowry harassment
- criminal procedure
- maintenance
- Arnesh Kumar principle
- B.N.S. sections 126,115,85,109,3(5)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14589 of 2026
Arising Out of PS. Case No.-792 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Pankaj Kumar Son of Late Jagmohan Rai Resident of Mohalla- Askamini
Nagar, Ward No. 14, P.S- Bikramganj, District -Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard the learned counsel for the petitioner, the
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bikramganj P.S. Case No. 792 of 2025 instituted under Sections
126(2), 115(2), 85, 109 and 3(5) of the B.N.S.
3. As per prosecution case, petitioner and other is said
to have assaulted and tortured the complainant for non-
fulfillment of demand of dowry of Rs. 4 lacs.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
case. He is in custody since 24.11.2025.
5. The learned A.P.P. for the State and learned counsel
for the complainant oppose the prayer for regular bail of the
Patna High Court CR. MISC. No.14589 of 2026(3) dt.31-03-2026
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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 regular bail is allowed.
7. Considering the aforesaid facts and circumstances
of the case and submission of learned counsel for the parties, let
the petitioner, above named, be released on 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 A.C.J.M,
Bikramganj, Rohtas, in connection with Bikramganj P.S. Case
No. 792 of 2025.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 5,000/- (Rs. Five
Thousand) for maintenance from the month of April, 2026 to the
informant and the maintenance for the month of April, 2026
shall be paid to the informant within one week from the date of
pronouncement of this order and 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
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maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
(Sandeep Kumar, J)
khushbu/-
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