Patna High Court

Dharmveer PaswanversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was granted to the petitioner with specified conditions.

Summary

Dharmveer Paswan applied for anticipatory bail fearing arrest in a dowry harassment case (Jamui Mahila PS Case No. 37 of 2020) alleging offences under IPC sections 498A, 313 with 34 and Dowry Prohibition Act sections 3 and 4. He claimed innocence, asserted he has no criminal antecedent, and that the allegations were false. The State opposed the bail, while the informant did not appear. The Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under CrPC Section 438(2) and CrPC Section 482. Additionally, the petitioner was directed to pay monthly maintenance of Rs.6,000 to the informant. The order was issued by Justice Sandeep Kumar of the Patna High Court.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry harassment case
Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to this bail application
Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 313, 34, 498A

Subjects

anticipatory bail
dowry harassment
IPC 498A
maintenance order
CrPC Section 438
Arnesh Kumar guidelines

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64584 of 2025
                       Arising Out of PS. Case No.-37 Year-2020 Thana- MAHILA PS District- Jamui
                 ======================================================
                 Dharmveer Paswan S/o Basudeo Paswan R/o Village - Ekeria, P.S - Jamui,
                 District - Jamui

                                                                                     ... ... Petitioner
                                                        Versus
           1.    The State of Bihar
           2.    Priyanka Kumari D/o Birendra Paswan Charan R/o Panchayat - Etasgar, P.S
                 - Sikandra, District - Jamui

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   21-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State, however, informant was issued notice but she

                   choose not to appear.

                                2. The petitioner apprehends his arrest in connection

                   with Jamui Mahila P.S. Case No. 37 of 2020 dated 13.09.2020

                   for the offences punishable under Sections 498A, 313 read with

                   Section 34 of the Indian Penal Code and Section 3 and 4 of the

                   Dowry Prohibition Act.

                                3. As per the prosecution case, the petitioner and the

                   co-accused persons are alleged to have tortured the informant

                   mentally and physically due to non-fulfillment of demand of

                   dowry.
Patna High Court CR. MISC. No.64584 of 2025(5) dt.21-01-2026
                                            2/3




                       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. The petitioner is the husband of the

          informant.

                       5. He further submits that the petitioner has no

          criminal antecedent.

                       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/her 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 S.D.J.M.,

          Jamui in connection with Jamui Mahila P.S. Case No. 37 of

          2020 subject to the conditions laid down in Section 438(2) of

          the Code of Criminal Procedure, 1973 / Section 482 of the

          B.N.S.S.

                       8. As a condition of this order, the petitioner is

          directed to pay a maintenance amount of Rs. 6,000/- from the
             Patna High Court CR. MISC. No.64584 of 2025(5) dt.21-01-2026
                                                         3/3




                       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 15th day of the

                       month.



                                                  (Sandeep Kumar, J)
atul/-

U        T

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