Patna High Court
Santosh Kumar Panjiyara @ Santosh PanjiyaraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 351(2)(3), 352, 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
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
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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
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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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