Patna High Court
Kundan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bond, sureties and a maintenance condition.
Summary
Kundan Sah applied for anticipatory bail fearing arrest in a dowry‑related case (PS Case No. 315 of 2025) that alleged offences under multiple sections of the Indian Penal Code and the Dowry Prohibition Act. The prosecution alleged that he assaulted and tortured the victim to demand dowry, while the petitioner claimed innocence and false implication. The State and the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court held that unnecessary arrests must be avoided and granted anticipatory bail with conditions. The bail was conditioned on a Rs.10,000 bond, two sureties, compliance with Section 438(2) CrPC and Section 482 of the BNSS, and a maintenance order of Rs.10,000 per month payable to the informant.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry harassment case.
- Whether the petitioner’s alleged offences warrant immediate arrest or can be avoided under the principles laid down in Arnesh Kumar v. State of Bihar.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 109, 115(2), 126(2), 329(4), 3(5), 351(2), 352, 76, 85, 92
Subjects
- anticipatory bail
- dowry harassment
- Indian Penal Code
- maintenance order
- Section 438 CrPC
- Section 482 BNSS
- Arnesh Kumar principle
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73625 of 2025
Arising Out of PS. Case No.-315 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Kundan Sah S/o Manoj Sah R/o Village - Madhurap, P.S - Phenhara, District -
East Champaran At Present R/o Village - Pakaridayal, P.S - Pakaridayal,
District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ragani Kumari W/o Kundan Sah D/o Late Dinanath Prasad, R/o -
Pakaridayal, Near Girja Vivah Bhawan, P.S - Pakaridayal, District - East
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026 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 Pakhridayal P.S. Case No. 315 of 2025 registered for the
offence under Sections 126(2), 115(2), 329(4), 76, 85, 92, 109,
352, 351(2), 3(5) of the Indian Penal Code and under section ¾
of the Dowry Prohibition 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
Patna High Court CR. MISC. No.73625 of 2025(3) dt.09-03-2026
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been implicated in this case.
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 Chief Judicial
Magistrate, East Champaran at Motihari/concerned Court below
in connection with Pakhridayal P.S. Case No. 325 of 2025,
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. 10,000/- from the
month of March, 2026 to the informant and the maintenance for
the month of March, 2026 shall be paid to the informant within
Patna High Court CR. MISC. No.73625 of 2025(3) dt.09-03-2026
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ten days of pronouncement of this order and thereafter the
maintenance amount from the month of April, 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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