Patna High Court
SANJEEV KUMAR SAH @ SANJAY KUMAR SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is warranted under Section 438(2) of the CrPC, guided by the Arnesh Kumar precedent, and is granted with specified conditions.
Summary
The petitioner, Sanjeev Kumar Sah, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 230 of 2023) alleging offences under IPC Section 498A and the Dowry Prohibition Act Section 4. The prosecution alleged that the petitioner and others assaulted and tortured the victim to extract dowry. The petitioner contended he was falsely implicated and that no specific allegation was made against him. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail subject to a bail bond, sureties and a monthly maintenance payment to the complainant. The order also stipulated that the maintenance condition is subject to any decision of the Family Court and that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in view of the allegations under IPC 498A and the Dowry Prohibition Act.
- Whether the Supreme Court precedent in Arnesh Kumar v. State of Bihar applies to restrain unnecessary arrests in this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Section 4 DP Act
- maintenance order
- Supreme Court precedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45697 of 2025
Arising Out of PS. Case No.-230 Year-2023 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Sanjeev Kumar Sah @ Sanjay Kumar Sah S/O Arun Sah R/O Village-
Bhangha, Ps-Falka,Distt-Katihar
... ... Petitioner/S
Versus
1. The State Of Bihar
2. Mamta Kumari W/O Sanjeev Kumar Sah R/O Village-Maheshpur, Ps-Fekla,
Distt-Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh
For the Opposite Party/s : Mr. Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 19-02-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the O.P. No. 2.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 230 of 2023 for the offence under
Sections 498(A) of the Indian Penal Code and Section 4 of the
DP Act.
3. As per the prosecution case, the petitioner 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
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. There is no specific allegation against
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the petitioner.
5. Learned counsel for the O.P. No. 2 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 petitioner, above named, in the event of his
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) with two sureties of
the like amount each to the satisfaction of the learned S.D.J.M,
Katihar/concerned Court below in connection with Complaint
Case No. 230 of 2023 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 petitioner is directed to pay
a maintenance amount of Rs. 5000/- from the
month of February 2026 to the
complainant/informant. 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 complainant/informant
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every month before the 10th day of each 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 Principal Judge, Family Court
concerned, if any.
9. Needless to state that, if the petitioner fails 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 petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Katihar through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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