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Patna High Court

Balram Sah @ Balram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with specified conditions.

Summary

Balram Sah applied for anticipatory bail fearing arrest in a dowry‑related assault case (PS Kishanpur Case No. 224/2024) under Sections 85 and 123 of the B.N.S. and Section 3 of the Dowry Prohibition Act. The prosecution alleged that he assaulted the victim to demand dowry, while the petitioner claimed he was falsely implicated. The State opposed the bail, but the court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and imposed conditions under Section 438(2) CrPC and Section 482 B.N.S. Additionally, a maintenance order of Rs 6,000 per month was imposed in favour of the informant, subject to any further maintenance proceedings. The bail was ordered to be effective if the petitioner is arrested or surrenders within six weeks.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in view of the allegations of dowry‑related assault.
  • Whether the conditions imposed, including bail bond, sureties, and maintenance, are lawful and appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 438 CrPC
  • Section 482 B.N.S.
  • maintenance order
  • Arnesh Kumar guidelines

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38949 of 2025
                     Arising Out of PS. Case No.-224 Year-2024 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Balram Sah @ Balram Kumar S/o Late Bechu Sah R/o Village-Shirpur, P.S.-
                 Kishanpur, District-Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Palita Devi D/o Murahru Sah W/o Balram Sah R/o Village-Shripur, P.S-
                 Kishanpur, district-Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Mishra, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.    The     petitioner     apprehends        his     arrest      in

                   connection with Kishanpur P.S. Case No. 224 of 2024 for the

                   offences under Sections 85, 123 of B.N.S. and under Section 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.

                                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.
Patna High Court CR. MISC. No.38949 of 2025(5) dt.17-02-2026
                                            2/3




                       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 Chief

          Judicial Magistrate, Supaul /concerned Court below in

          connection with Kishanpur P.S. Case No. 224 of 2024, 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. 6,000/- 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 25.02.2026 and thereafter the maintenance amount from

          the month of March, 2026 shall be paid to the informant every
              Patna High Court CR. MISC. No.38949 of 2025(5) dt.17-02-2026
                                                          3/3




                        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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