Patna High Court
Suman Kumar SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, imposing bail bond, sureties, and a maintenance condition.
Summary
The petitioner, Suman Kumar Sahu, sought anticipatory bail fearing arrest in a dowry harassment case (IPC 498A) arising from Complaint No. 269 of 2022. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner contended innocence and lack of specific allegations 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, two sureties, and a condition to pay monthly maintenance of Rs. 8,000 to the complainant. The order also stipulated that the maintenance direction is subject to any decision of the Family Court and that non‑compliance could lead to cancellation of bail.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 CrPC to the petitioner accused under IPC Section 498A?
- Whether the Supreme Court precedent in Arnesh Kumar v. State of Bihar governs the grant of anticipatory bail in this case.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Section 438 CrPC
- maintenance order
- Supreme Court precedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54805 of 2025
Arising Out of PS. Case No.-269 Year-2022 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Suman Kumar Sahu S/o Jai Prakash Sah R/o vill - Bakhri Naya Nagar, P.S.-
Hasanpur, Distt.- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Bharti Kumari W/o Suman Kumar Sahu R/o vill - Bakhri Nayanagar, P.S.-
Hasanpur, Distt.- Samastipur, At present D/o Amin Sah, R/o vill -
Samastipur, P.s. - Bhagwanpur (Tiyay O.P.), Distt.- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha
For the Opposite Party/s : Ms. Veena Kumari Jaiswal
For the O.P. No. 2 : Mr. Pravin Kumar
Mr. Sunil Kumar Singh
======================================================
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
informant.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 269 of 2022 for the offence under
Sections 498(A) 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
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implicated in this case. He further submits that there is no
specific allegation 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 Judicial
Magistrate, 1st Class, Begusarai/concerned Court below in
connection with Complaint Case No. 269 of 2022 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
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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, Begusarai through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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