Patna High Court
Shobhakant Paswan @ Shobhakant Kumar @ Sova Kant PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, granting it with specified conditions.
Summary
The petitioner, Shobhakant Paswan, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 23(C) of 2024) alleging offences under IPC sections 341, 323, 504, 498A, 406/34 and Section ¾ of the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted and tortured the victim to extract dowry. The petitioner pleaded innocence and clean antecedents. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined whether anticipatory bail was appropriate. The Court granted anticipatory bail subject to a bail bond of Rs 10,000, two sureties of equal amount, and a condition that the petitioner pay a monthly maintenance of Rs 3,000 to the complainant, subject to the outcome of any family‑court proceedings. The order also warned that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry‑related offences.
- Whether the conditions imposed, including a maintenance order, are permissible under law.
- Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding arrest and bail.
Legislation cited
- Code of Criminal Procedure — s. 438, 482(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 34, 341, 406, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- maintenance order
- Arnesh Kumar principle
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64809 of 2025
Arising Out of PS. Case No.-23 Year-2024 Thana- COMPLAINT CASE - BARH District-
Patna
======================================================
Shobhakant Paswan @ Shobhakant Kumar @ Sova Kant Paswan Son of
Bhola Paswan R/O Village - Mirzapur, Ward No.- 7, P.S.- Patori, District -
Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari Wife of Shobhakant Paswan @ Shobhakant Kumar D/O Bhaltu
Paswan, R/O Village - Mirzapur, Ward No.- 7, P.S.- Patori, District -
Samastipur At Present R/O Village - Sabnima, P.S.- Athmal Gola, District -
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv.
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 18-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 23(C) of 2024 @ 23 of 2024
registered for the offence under Sections 341, 323, 504, 498(A),
406/34 of the I.P.C. read with Section ¾ of the D.P. 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. The petitioner bears clean antecedent.
Patna High Court CR. MISC. No.64809 of 2025(3) dt.18-06-2026
2/3
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 Only) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with Complaint Case No. 23(C) of 2024 @ 23 of
2024, subject to the conditions as laid down under Section
482(2) of the B.N.S.S. and with further condition that:
(i). The petitioner is directed to pay a
maintenance amount of Rs.3,000/- from the
month of June 2026 to the
complainant/informant. The maintenance for the
month of June 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.64809 of 2025(3) dt.18-06-2026
3/3
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 learned 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
learned Principal District & Sessions Judge, Patna through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
sadique/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.