Patna High Court
Anup SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482 of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Anup Sao, sought anticipatory bail fearing arrest in a dowry‑related assault case (Didarganj P.S. Case No.415 of 2024) filed under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he and others assaulted the victim to demand dowry. The petitioner contended that he was falsely implicated, is the husband of the informant, the victim did not appear, and he has a clean antecedent. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar and the provisions of Section 438(2) CrPC and Section 482 BNSS, the Court granted anticipatory bail subject to a bail bond of Rs 10,000 and two sureties, with surrender within four weeks. The order directs the lower court to release the petitioner on bail if arrested or surrendered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the allegations constitute an arrestable offence requiring police to obtain a warrant as per Arnesh Kumar guidelines.
- Whether the petitioner is likely to flee or tamper with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 482, 82(1), 85
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNSS
- Arnesh Kumar guidelines
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51629 of 2025
Arising Out of PS. Case No.-415 Year-2024 Thana- DIDARGANJ District- Patna
======================================================
Anup Sao S/o- Ramdahin Sao Village- Fatehpur PS- Didarganj Distt- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rubi Devi W/o- Anup Sao Village- Fatehpur PS- Didarganj Distt- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 23-02-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the opposite party
no. 2.
2. The petitioner apprehends his arrest in connection
with Didarganj P.S. Case No. 415 of 2024 registered for the
offence under Sections 126(2), 115(2), 82(1), 85, 352, 351(2),
3(5) of the Bharatiya Nyaya Sanhita, 2023.
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
Patna High Court CR. MISC. No.51629 of 2025(6) dt.23-02-2026
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petitioner is the husband of the informant. The victim was
earlier issued notice but she chosen not the appear. Petitioner
bears clean antecedent.
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 J.M.F.C,
Patna City/concerned Court below in connection with Didarganj
P.S. Case No. 415 of 2024, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
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