Patna High Court
Gandhi Ray @ Gondhi RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Gandhi Ray, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 1221 of 2023) alleging offences under IPC Sections 406, 352, 498A and 120B. The prosecution alleged that he assaulted and tortured the victim to extract dowry, while the petitioner claimed innocence and false implication. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the High Court allowed the anticipatory bail, directing a bail bond of Rs.10,000 with two sureties and imposing conditions under Section 438(2) CrPC and Section 482 of the BNSS. Additionally, the Court ordered the petitioner to pay a monthly maintenance of Rs.10,000 to the informant, subject to any future maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the facts and the precedent set by Arnesh Kumar v. State of Bihar.
- Whether the imposition of bail conditions, including a maintenance order, is permissible.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 120B, 352, 406, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Section 438 CrPC
- maintenance order
- bail conditions
- criminal conspiracy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36636 of 2025
Arising Out of PS. Case No.-1221 Year-2023 Thana- ROHTAS COMPLAINT CASE
District- Rohtas
======================================================
Gandhi Ray @ Gondhi Ray S/o Rama Shankar Ray R/o Village-Riva, P.S.-
Karahgar, District-Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Maya Kumari W/o Gandhi Ray @ Gondhi Ray R/o Village-Riva P.S-
Karahgar, District- Rohtas At Present D/o Hari Shankar Chaudhari, R/o
Village-Akodha, P.S.-Dinara, District-Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Pd. Singh, Advocate
Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-02-2026 Heard Mr. Krishna Prasad Singh, learned Senior
Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 1221 of 2023 for the
offences under Sections 406, 352, 498(A), 120(B) of I.P.C.
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 Senior Counsel
for the petitioner that the petitioner is innocent and he has
falsely been implicated in this case.
Patna High Court CR. MISC. No.36636 of 2025(4) dt.27-02-2026
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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 court of
Additional Chief Judicial Magistrate-IV, Rohtas at Sasaram
/concerned Court below in connection with Complaint Case No.
1221 of 2023, 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
for the month of February, 2026 shall be paid to the informant
before 01.03.2026 and thereafter the maintenance amount from
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the month of March, 2026 shall be paid to the informant every
month before the 10th 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)
tusharika/-
U T
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