Patna High Court
Bambam SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed anticipatory bail to the petitioner, subject to bail bond, sureties and a monthly maintenance condition.
Summary
Bambam Sah applied for anticipatory bail after being implicated in a dowry‑related complaint (Case No. 546 of 2024) alleging offences under Sections 498A, 341, 323, 379, 504 of the IPC and Section 3 of the Dowry Prohibition Act. The petitioner claimed innocence and feared arrest, while the State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court examined whether the arrest was necessary and whether bail could be granted under Section 438 of the CrPC. The Court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and ordering the petitioner to pay a monthly maintenance of Rs.7,000 to the complainant. The maintenance direction is subject to any separate family‑court order, and non‑compliance may lead to cancellation of bail. The order was communicated to the District & Sessions Judge for implementation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests apply.
- Whether the imposition of a maintenance payment can be conditionally attached to anticipatory bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 379, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Section 498A
- maintenance order
- Arnesh Kumar principle
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58534 of 2025
Arising Out of PS. Case No.-546 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Bambam Sah S/o Ramakant Sah R/o Village- Bashdih, Ward No. 12, P.O.-
Ghoshrama, P.S.- Hayaghat, Dist.- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari W/o Bambam Sah, D/o Manoj Sah R/o vill - Bhagwanpur
Wanini @ Gangapur, ward no. 10, P.S.- Waini O.P., Distt.- samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen
For the Opposite Party/s : Mr. Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-02-2026 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. 546 of 2024 for the offence under
Sections 498A, 341, 323, 379 & 504 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
petitioner that the petitioner is innocent and he has falsely been
implicated in this case.
Patna High Court CR. MISC. No.58534 of 2025(4) dt.23-02-2026
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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,
Samastipur/concerned Court below in connection with
Complaint Case No. 546 of 2024 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
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.
Patna High Court CR. MISC. No.58534 of 2025(4) dt.23-02-2026
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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, Samastipur through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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