Patna High Court
Balram Sah @ Balram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 123, 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
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.
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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 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
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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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