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Patna High Court

Ranjit sahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail is granted to the petitioner subject to a cash bond, sureties and a monthly maintenance payment to the informant.

Summary

Petitioner Ranjit Sah sought anticipatory bail fearing arrest in a dowry harassment case under Section 498A IPC. The prosecution alleged he, along with others, assaulted the victim to demand dowry. The petitioner claimed innocence and filed an application for anticipatory bail. The court, relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, granted anticipatory bail under Section 438(2) of the CrPC and Section 482, subject to a cash bond and sureties. Additionally, the court imposed a condition that the petitioner pay a monthly maintenance of Rs.10,000 to the informant. The order directs release on bail if arrested within four weeks, subject to compliance with the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case under Section 498A IPC.
  • Whether the court may impose a maintenance payment condition on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498A
  • Section 438 CrPC
  • maintenance order
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63426 of 2025
                  Arising Out of PS. Case No.-2596 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Ranjit Sah Ram Bahadur Sah Resident of village - Shyampur Mathiya Vrit,
                 Ps- Majhauliya, Dist- West Champaran
                                                                       ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Rubi Devi Daughter of Bhagelu Sah Resident of Village- Satha Dube tola,
                  Ps- Paharpur, Dist- East Champaran
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhishek Kumar
                 For the Opposite Party/s :        Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   21-01-2026                       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. C-2596 of 2024 registered

                   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 implicated in this case.

                                   5. Learned counsel for the informant 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
          Patna High Court CR. MISC. No.63426 of 2025(4) dt.21-01-2026
                                                      2/2




                    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

                    four 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 Judicial

                    Magistrate, 1st Class, Motihari, East Champaran/concerned

                    Court below in connection with Complaint Case no. C-2596 of

                    2024, 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. 10,000/- from the

                    month of January, 2026 to the informant and the maintenance

                    for the month of January, 2026 shall be paid to the informant

                    before 31.01.2026 and thereafter the maintenance amount shall

                    be paid to the informant every month before the 10 th day of the

                    month.


                                                              (Sandeep Kumar, J)
Vikas/-
U


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