Patna High Court
Pankaj RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond, sureties and a monthly maintenance order.
Summary
The petitioner, Pankaj Ram, was implicated in a complaint (No. 172 of 2023) alleging offences under Sections 498A and 323 of the Indian Penal Code for alleged dowry‑related assault. He applied for anticipatory bail, claiming innocence. The State opposed the application. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the Patna High Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to pay a monthly maintenance of Rs.4,000 to the complainant. The bail was conditioned on compliance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, and was subject to cancellation for non‑compliance. The order also noted that the maintenance direction would be subject to any pending family‑court proceedings.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the allegations of offences under Sections 498A and 323 IPC.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to the present case.
- What conditions, if any, may be imposed on the grant of anticipatory bail, including maintenance obligations.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- IPC 323
- Section 438 CrPC
- maintenance order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47278 of 2025
Arising Out of PS. Case No.-172 Year-2023 Thana- COMPLAINT CASE - BENIPUR
District- Darbhanga
======================================================
Pankaj Ram S/o Shri Ghuran Ram R/o Village- Kariyan, Karian, P.S.- Shivaji
Nagar, District- Samastipur, Pin Code- 848117
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vibha Devi W/o- Not given R/o Village- Agra Uttari, P.S.- Biraul, Dist.-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar
For the Opposite Party/s : Mr. Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 172 of 2023 for the offences under
Sections 498(A), and 323 of the Indian Penal Code.
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.
5. Learned APP for the State has opposed the
Patna High Court CR. MISC. No.47278 of 2025(5) dt.19-02-2026
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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,
A.C.J.M.-1, Benipur, Darbhanga/concerned Court below in
connection with Complaint Case No. 172 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. 4000/- 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
every month before the 10th day of each month.
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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, Darbhanga through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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