Patna High Court
Jagjeet JiwanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail must be granted in accordance with the principles laid down in Arnesh Kumar v. State of Bihar.
Summary
The petitioner, Jagjeet Jiwan, applied for anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 1254 of 2024, Trial No. 2933 of 2025) under Section 498‑A IPC and the Dowry Prohibition Act. The prosecution alleged that he assaulted the victim to demand dowry. The petitioner claimed innocence and sought protection from arrest. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with Section 438(2) CrPC and Section 482 of the BNSS. The court also ordered the petitioner to pay a maintenance amount of Rs.15,000 to the informant from February 2026, subject to any future maintenance order by the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in the pending dowry harassment case.
- Whether the petitioner can be directed to pay maintenance to the informant pending the outcome of the criminal trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498-A
Subjects
- anticipatory bail
- dowry harassment
- Section 498-A IPC
- maintenance order
- Section 438 CrPC
- Section 482 BNSS
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60888 of 2025
Arising Out of PS. Case No.-1254 Year-2024 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Jagjeet Jiwan Son of Satyadeo Yadav R/o Village - Ghorahat, P.S. - Manjhi
District - Saran At Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rituraj D/o Raj Kumar Ray R/o Village - Govindpur, P.O. - Manur, P.S. -
Khaira, Dist. - Saran at Chapra, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 20-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 1254 of 2024 / Trial No.
2933 of 2025 registered for the offence under Section 498-A of
the Indian Penal Code and under Sections ¾ of the Dowry
Prohibition Act.
3. As per the prosecution case, the petitioner is
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
Patna High Court CR. MISC. No.60888 of 2025(7) dt.20-02-2026
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been implicated in this case.
5. Learned counsel for the State has opposed the
application of the petitioner.
6 . Considering the submission of the parties and in
view 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 of 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
six weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Saran at Chhapra/concerned
Court below in connection with Complaint Case No. 1254 of
2024 / Trial No. 2933 of 2025, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 15,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
Patna High Court CR. MISC. No.60888 of 2025(7) dt.20-02-2026
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within ten days of pronouncement of this order and thereafter
the maintenance amount from the month of March, 2026 shall
be paid to the informant every month before the 10 th day of the
month.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
Vikas/-
U
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