Patna High Court
Sanjeet Kumar @ Sanjit KumarversusThe 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 condition.
Summary
The petitioner, Sanjeet Kumar, sought anticipatory bail fearing arrest in a case (Mushrigharari P.S. Case No. 54 of 2023) involving offences under IPC sections 341, 323, 498A, 379, 506, 34 and Section 3 of the Dowry Prohibition Act, alleged to be for assault and torture to demand dowry. He contended that he was falsely implicated and that no specific allegation of torture or dowry demand was made against him. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the High Court granted 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.7,000 to the complainant, subject to the family court’s decision. The order also warned that non‑compliance could lead to cancellation of bail. The bail order was communicated to the District & Sessions Judge for implementation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the serious offences alleged.
- Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to restrain unnecessary arrest.
- Whether the petitioner can be conditioned to pay maintenance to the complainant while on bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 379, 498A, 506
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Section 438 CrPC
- Section 482 CrPC
- maintenance order
- Arnesh Kumar guidelines
- preventive detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49905 of 2025
Arising Out of PS. Case No.-54 Year-2023 Thana- MUSRIGHRARI District- Samastipur
======================================================
Sanjeet Kumar @ Sanjit Kumar Son of Siya Ram Singh Resident of Village-
Fatehpur, P.s.-Mushrigharari, Distt.-Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pratibha Kumari Wife of Sanjit Kumar, D/O- Rambabu Singh Resident of
Village- Chak Abdulgani, P.O. Rampur Ramhar, P.s.-Jandaha, Distt.-
Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra
For the Opposite Party/s : Ms. Pushpa Sinha
Mr. Lakshmindra Kumar Yadav
Mr. Prabhu Narayan Prabhakar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the O.P.
No. 2.
2. The petitioner apprehends his arrest in connection
with Mushrigharari P.S. Case No. 54 of 2023 registered for the
offence under Sections 341, 323, 498A, 379, 506 and 34 of the
Indian Penal Code 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
Patna High Court CR. MISC. No.49905 of 2025(6) dt.20-02-2026
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petitioner that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that there is no
specific allegation of torture or demand of dowry against the
petitioner.
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,
Judicial Magistrate, 1st Class, Samastipur/concerned Court
below in connection with Mushrigharari P.S. Case No. 54 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. 7000/- from the
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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.
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, Samastipur through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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