Patna High Court
Mahendra SadaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, granting it with monetary and maintenance conditions.
Summary
Mahendra Sadai applied for anticipatory bail fearing arrest in CR No. 567 of 2017, which alleged offences under IPC sections 147, 148, 149, 323, 498-A, 494, 504, 506/34 for alleged dowry‑related assault and torture. The State and the informant opposed the bail, contending the seriousness of the charges. The petitioner claimed innocence and that he had been falsely implicated. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a cash bond and two sureties. The order also imposed a maintenance liability of Rs. 5,000 per month to the informant, with non‑payment leading to cancellation of bail, subject to any pending maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the grave nature of the offences alleged under the IPC.
- Whether the Court can condition anticipatory bail on the payment of maintenance to the informant.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 323, 494, 498-A, 504, 506/34
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- Section 438 CrPC
- Section 482 CrPC
- maintenance order
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21097 of 2025
Arising Out of PS. Case No.-567 Year-2017 Thana- COMPLAINT CASE - JHANJHARPUR
District- Madhubani
======================================================
Mahendra Sadai Son of Shri Dasai Sadai village- Nahari Jagarnathpur, Ps-
Bheja, Dist- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Samtoliya Devi wife of Mahendra Sadai village- Nahari Jagarnathpur, Ps-
Bheja, Dist- Madhubani
3. Debu Sadai S/o Dasai Sadai, R/o vill. Nahari Jagarnathpur,P.S. Bheja,
District Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 24-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with C.R. No. 567 of 2017 registered for the offence under
Section 147, 148, 149, 323, 498-A, 494, 504, 506/34 of the
Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of assaulting and torturing the victim for demand of
dowry.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.21097 of 2025(6) dt.24-02-2026
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been implicated in this case.
5. Learned counsel for the State and learned
counsel for the informant has opposed the application of the
petitioner.
6. Considering the aforesaid facts along with the
submission of the parties and in view 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 of
grant of anticipatory bail is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
six weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Jhajharpur, Madhubani/concerned Court
below in connection with C.R. No. 567 of 2017, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 5,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
Patna High Court CR. MISC. No.21097 of 2025(6) dt.24-02-2026
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within ten days of pronouncement of this order and thereafter
the maintenance amount from the month of March, 2026 shall
be paid to the informant every month before the 10 th day of the
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
Vikas/-
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