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Patna High Court

Sanjay Yadav @ Sanjay Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed anticipatory bail to the petitioners, subject to bail bonds, sureties and a monthly maintenance condition.

Summary

The petitioners, three Yadav relatives, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 101 of 2022) filed under IPC sections 498A, 323, 379/34 and Section 4 of the Dowry Prohibition Act. The prosecution alleged they assaulted the complainant to demand dowry. The petitioners contended innocence and that they were falsely implicated. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438 of the CrPC, subject to a bail bond, sureties and a condition to pay monthly maintenance of Rs 8,000 to the complainant. The order also made the maintenance provision contingent on any pending family‑court proceedings and warned that non‑compliance could lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in a case involving alleged dowry harassment and assault.
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests apply to this case.
  • Whether the court can impose a maintenance payment condition as part of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar principle
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41305 of 2025
                   Arising Out of PS. Case No.-101 Year-2022 Thana- COMPLAINT CASE - SHERGHATI
                                                       District- Gaya
                 ======================================================
           1.     Sanjay Yadav @ Sanjay Kumar Yadav Son of Mahadeo Yadav R/o Village -
                  Dibhka PS - Dumariya, Distt.- Gaya
           2.    Vijay Yadav Son of Mahadeo Yadav R/o Village - Dibhka PS - Dumariya,
                 Distt.- Gaya
           3.    Mahadev Yadav Son of Late Husaini Yadav R/o Village - Dibhka PS -
                 Dumariya, Distt.- Gaya

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Manju Devi Wife of Sanjit Kumar, D/o Late Indradev Yadav R/o Village -
                 Dibhka PS - Dumariya, Distt.- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sudhir Kumar Sinha
                 For the Opposite Party/s :     Mrs. Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                  Heard the learned counsel for the petitioners and the

                   learned counsel for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Complaint Case No. 101 of 2022 in which cogniznce has

                   been taken under Sections 498(A), 323, 379/34 of the Indian

                   Penal Code and Section 4 of the DP Act.

                                3. As per the prosecution case, the petitioners and

                   others are accused of assaulting and torturing the victim for

                   demand of dowry.

                                4. It has been submitted by the learned counsel for the

                   petitioners that the petitioners are innocent and have falsely
Patna High Court CR. MISC. No.41305 of 2025(5) dt.19-02-2026
                                            2/3




          been implicated in this case. He further submits that the

          petitioner nos. 1 and 2 are brothers-in-law (Bhaisur) and the

          petitioner no. 3 is the father-in-law of the complainant.

                       5. Learned counsel for the State has opposed the

          application of the petitioner.

                       6. Considering the submission of the parties and in

          light 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 for grant of anticipatory bail is

          allowed.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the concerned Court below

          within four weeks from today, be released on anticipatory bail

          on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each

          with two sureties of the like amount each to the satisfaction of

          the learned S.D.J.M, Sherghati, Gaya/concerned Court below in

          connection with Complaint Case No. 101 of 2022 subject to the

          conditions laid down in Section 438(2) of the Code of Criminal

          Procedure, 1973 / Section 482 of the BNSS and with further

          condition that:

                                               (I). The petitioners are directed to
                                  pay a maintenance amount of Rs. 8000/-
                                  from the month of February 2026 to the
            Patna High Court CR. MISC. No.41305 of 2025(5) dt.19-02-2026
                                                        3/3




                                              complainant/informant and the maintenance
                                              for the month of February 2026 shall be
                                              paid to the complainant/informant within ten
                                              days      from     today     and   thereafter   the
                                              maintenance amount shall be paid to the
                                              informant every month before the 10th day of
                                              the month.



                                   8. It is made clear that the order of maintenance

                      passed by this Court shall be subject to the outcome of the

                      maintenance case in the Court of the Principal Judge, Family

                      Court concerned, if any.

                                   9. Needless to state that, if the petitioners fail to abide

                      by the terms and conditions, as stated hereinabove, the State

                      shall be at liberty to file an appropriate application before the

                      learned concerned Court below for cancellation of bail granted

                      to the petitioners.

                                   10. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Gaya through FAX for its

                      compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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