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Patna High Court

Santosh Kumar Panjiyara @ Santosh PanjiyaraversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the petition for anticipatory bail, granting it with specified conditions.

Summary

Santosh Kumar Panjiyara applied for anticipatory bail fearing arrest in Mahila Police Station case No.18 of 2025, which alleged his involvement in assault and torture of a woman for dowry under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. The petitioner claimed innocence and argued that the allegations were false. The State opposed the bail, but the court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, considered the nature of the offences and the petitioner’s apprehension of arrest. The court granted anticipatory bail under Section 438 of the CrPC and Section 482 of the BNSS, subject to a bail bond, sureties and a condition to pay monthly maintenance of Rs 10,000 to the informant. The order directed compliance by the District & Sessions Judge, Banka.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC and Section 482 BNSS in a dowry‑related assault case.
  • Whether the conditions imposed, including maintenance payment, are lawful and appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 BNSS
  • maintenance order
  • Mahila Police Station case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72504 of 2025
                      Arising Out of PS. Case No.-18 Year-2025 Thana- MAHILA P.S. District- Banka
                 ======================================================
                 Santosh Kumar Panjiyara @ Santosh Panjiyara S/o Binod Kumar Panjiyara
                 R/o Village- Nanaichak, P.S.- Amarpur, District- Banka (Bihar)

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Beauty Kumari W/o Santosh Kumar Panjiyara @ Santoish Panjiyara, D/o
                 Bindeshwari Mandal R/o Village- Nanaichak, P.S.- Amarpur, District- Banka
                 (Bihar) presently residing at Village- Behra, P.S.- Banka, District- Banka
                 (Bihar)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey
                 For the O.P. No. 2       :       Mr. Rajib Ranjan jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner, the learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mahila P.S. Case No. 18 of 2025 registered for the offence

                   under Sections 85, 115(2), 351(2)(3), 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 read with Section ¾ of the

                   Dowry Prohibition 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
Patna High Court CR. MISC. No.72504 of 2025(3) dt.21-01-2026
                                            2/3




          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

          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 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 S.D.J.M,

          Banka/concerned Court below in connection with Mahila P.S.

          Case No. 18 of 2025 subject to the conditions laid down in

          Section 438(2) of the Code of Criminal Procedure, 1973 /

          Section 482 of the BNSS and with further condition that:

                                               (I). 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
            Patna High Court CR. MISC. No.72504 of 2025(3) dt.21-01-2026
                                                        3/3




                                              the maintenance amount shall be paid to the
                                              informant every month before the 10th day of
                                              the month.



                                   8. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Banka through FAX for its

                      compliance forthwith.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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