Patna High Court
Santosh Pasi @ Santosh BaheliyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with specified conditions.
Summary
Santosh Pasi applied for anticipatory bail after being implicated in a dowry harassment case (Ara Mahila P.S. Case No. 24 of 2025) under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the DP Act. The State opposed the bail, arguing the seriousness of the offences. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to pay monthly maintenance of Rs.8,000 to the complainant. The order also made the bail conditional on compliance with Section 438(2) of the CrPC, Section 482 of the BNSS, and subject to any family court maintenance order. The court warned that failure to comply could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in a case involving alleged dowry harassment under the BNSS and DP Act
- Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to this case
- Whether imposing a maintenance payment as a condition of bail is permissible
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- DP Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- DP Act
- maintenance order
- Section 438 CrPC
- Section 482 BNSS
- Arnesh Kumar guidelines
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47959 of 2025
Arising Out of PS. Case No.-24 Year-2025 Thana- MAHILA P.S. District- Bhojpur
======================================================
Santosh Pasi @ Santosh Baheliya S/O Baban Pasi @ Hari Prasad Baheliya
R/O Village- Meda, P.S- Ramgarh, Distt.- Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khusbu Kumari D/O Sajjan Pasi R/O Village- Bihta, P.S- Imadpur, Distt.-
Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari
For the Opposite Party/s : Mr. Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Ara Mahila P.S. Case No. 24 of 2025 registered for the
offence under Sections 126(2), 115(2), 351(2), 85 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Section ¾ 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. He further submits that the petitioner is
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ready to keep his wife with full honour and dignity.
5. Learned APP 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 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,
Bhojpur at Ara/concerned Court below in connection with Ara
Mahila P.S. Case No. 24 of 2025 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. 8000/- 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, Bhojpur at Ara through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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