Patna High Court
Sunil Paswan @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bond, sureties and maintenance conditions.
Summary
The petitioner, Sunil Paswan, sought anticipatory bail fearing arrest in a Mahila Police Station case (No. 06 of 2015) involving alleged offences under Sections 323, 341, 504, 379, 406, 498‑A of the IPC and the Dowry Prohibition Act. He claimed he was falsely implicated in a dowry‑related assault and torture case. The State and the informant opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail, directing the petitioner to furnish a Rs 10,000 bond with two sureties and to pay a monthly maintenance of Rs 7,000 to the informant, failing which the bail would be cancelled. The order was made subject to the conditions of Section 438(2) CrPC and Section 482 CrPC and pending the outcome of any maintenance proceedings.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable.
- Whether conditions such as maintenance payment can be imposed on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 379, 406, 498-A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- Section 438 CrPC
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65211 of 2025
Arising Out of PS. Case No.-6 Year-2015 Thana- MAHILA P.S. District- Vaishali
======================================================
Sunil Paswan @ Sunil Kumar S/O Bujhawan Paswan R/O Rudvi Pokhra
Ghataro, P.S.- Lalganj, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Reshami Devi W/O Sunil Paswan, D/O Baidhnath Paswan R/O Rudvi
Pokhra Ghataro, P.S.- Lalganj, District- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 24-02-2026 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 Mahila P.S. Cae No. 06 of 2015 registered for the offence
under Section 323, 341, 504, 379, 406, 498-A of the Indian
Penal Code and under Section ¾ of the D.P. 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
been implicated in this case.
Patna High Court CR. MISC. No.65211 of 2025(6) dt.24-02-2026
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5. Learned counsel for the State and learned
counsel for the informant has opposed the application of the
petitioner.
6. Considering the aforesaid facts along with 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, Vaishali, Hajipur/concerned
Court below in connection with Mahila P.S. Case No. 06 of
2015, 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. 7,000/- 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.65211 of 2025(6) dt.24-02-2026
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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 and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
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/-
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