Patna High Court
Ganesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to the stipulated conditions.
Summary
Ganesh Yadav applied for anticipatory bail fearing arrest in a dowry‑related case (Mahila P.S. Case No. 39 of 2019) where he is charged under IPC sections 341, 323, 325, 506, 498‑A, 494/34 and the Dowry Prohibition Act. He pleaded innocence and the State opposed the bail. The Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail subject to a Rs.10,000 bail bond, two sureties, and a condition that the petitioner pay a monthly maintenance of Rs.10,000 to the informant. The maintenance order is stayed pending any separate maintenance proceedings. The order is made under Section 438(2) CrPC and the inherent powers of the Court under Section 482.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the serious offences alleged.
- Whether the conditions imposed, including bail bond and maintenance payment, are appropriate and lawful.
- Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding arrest and bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 325, 34, 341, 494, 498-A, 506
Subjects
- anticipatory bail
- dowry harassment
- assault
- IPC
- Section 438 CrPC
- maintenance order
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35504 of 2025
Arising Out of PS. Case No.-39 Year-2019 Thana- MAHILA P.S. District- Araria
======================================================
Ganesh Yadav S/o Sadanand Yadav R/o Vill- Rampur (Koddar-Katti), P.S.-
Araria at present residing with her father namely Hare Ram Yadav in the same
village and same address.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rupa Devi W/o Ganesh Yadav, D/o Hare Ram Yadav R/o Vill- Rampur
(Koddar-Katti), P.S.- Araria at present residing with her father namely Hare
Ram Yadav in the same Village and same address
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar Priyadarshi
Mr. Dheeraj Kumar
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
For the O.P. No. 02 : Ms. Alka Verma
Ms. Akansha Kumari
Mr. Pawan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 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 Mahila (Araria) P.S. Case No. 39 of 2019
registered for the offence under Sections 341, 323, 325, 506,
498-A, 494/34 of the Indian Penal Code and under Sections ¾
of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner is
accused of assaulting and torturing the victim for demand of
dowry.
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4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned counsel for the State has opposed the
application of the petitioner.
6 . Considering 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 Chief Judicial
Magistrate, Araria/concerned Court below in connection with
Mahila (Araria) P.S. Case No. 39 of 2019, 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. 10,000/- from the
month of February, 2026 to the informant and the maintenance
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for the month of February, 2026 shall be paid to the informant
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.
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/-
U
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