Patna High Court
Arvind Goswami @ Arvind Kumar Goswami @ Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to stringent conditions, finding that the circumstances warranted relief.
Summary
The petitioner, Arvind Goswami, sought anticipatory bail fearing arrest in a case (Sheikhpura P.S. Case No. 265 of 2024) registered under Sections 306 and 34 of the Indian Penal Code for alleged dowry harassment and involvement in his daughter-in-law's alleged suicide. The prosecution alleged that the petitioner tortured his daughter-in-law for dowry and had an illicit relationship, leading her to consume poison. The petitioner argued that the police had already submitted a final report but cognizance was taken only in December 2025, justifying the bail application. The State opposed, contending the petitioner’s conduct caused the victim’s extreme step. The court, noting the petitioner’s undertaking to cooperate with the investigation and appear before the trial court, granted anticipatory bail subject to strict conditions, including sureties, appearance requirements, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the taking of cognizance after the submission of the final police report affects the grant of bail
- Whether the petitioner’s undertaking and the conditions imposed are sufficient to safeguard the trial process
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 306, 34
Subjects
- anticipatory bail
- IPC 306
- IPC 34
- dowry harassment
- suicide
- bail conditions
- CrPC 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17515 of 2026
Arising Out of PS. Case No.-265 Year-2024 Thana- SHEKHPURA District- Sheikhpura
======================================================
Arvind Goswami @ Arvind Kumar Goswami @ Arvind Kumar S/O Prabhu
Goswami R/O Village- Mohalla Jamalpur, P.S- Sheikhpura, Distt.-
Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Sheikhpura P.S. Case No. 265 of 2024,
registered for the offence under Sections 306, 34 of the Indian
Penal Code, lodged on 29.06.2024 by the informant, Ramsharan
Goswami.
3. As per the prosecution story, the informant alleged
that his daughter was married to the petitioner 28 years ago but
was always tortured for dowry and he was also having illicit
relationship with the other girl which resulted into her taking
extreme step for consuming poison. This led to the FIR.
4. Learned counsel for the petitioner submit that
earlier the Police has submitted final form but later cognizance
has been taken in the month of December, 2025 necessitating
filing of the anticipatory bail application.
Patna High Court CR. MISC. No.17515 of 2026(2) dt.25-03-2026
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5. Learned APP opposes the prayer submitting that the
attitude of the petitioner led to the girl taking extreme step.
6. Though, it is unfortunate that the couple despite
being blessed with three children, the lady took extreme step as
per the allegation. However, as submitted earlier, final form was
submitted and now cognizance has been taken u/s 306 of the
I.P.C. Petitioner has given an undertaking that he shall be
diligently appear in the trial, in that background, this Court is
inclined to grant relief to the petitioner.
7. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned C.J.M., Sheikhpura, in connection with
Sheikhpura P.S. Case No. 265 of 2024, subject to the following
conditions:-
(i) one of the bailor should be the family member
/relative of the petitioner who shall provide official document
(Aadhar Card/Voter Id/Driving License /Pan Card) to show
his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
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investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
Ranjeet/-
U T
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