Patna High Court
Ranjit sahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 498A
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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