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Patna High Court

Shivshankar Sah @ Shivshankar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is warranted in view of the Arnesh Kumar principles, subject to specified conditions.

Summary

Shivshankar Sah applied for anticipatory bail fearing arrest in a dowry‑related case (Gopalganj Mahila P.S. Case No. 03 of 2024) where he is charged under several IPC sections and the Dowry Prohibition Act. The State opposed the bail, alleging assault and torture of the victim for dowry. The court, relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, granted the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482 of the BNSS. The order also imposed a monthly maintenance payment of Rs.10,000 to the complainant, pending any family court determination. The bail may be cancelled if conditions are breached.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner.
  • Whether the conditions imposed, including maintenance, are lawful and appropriate.
  • Application of the principles laid down in Arnesh Kumar v. State of Bihar to the present case.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar precedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83708 of 2025
                      Arising Out of PS. Case No.-3 Year-2024 Thana- MAHILA PS District- Gopalganj
                 ======================================================
                 Shivshankar Sah @ Shivshankar Kumar S/O Hiralal Sah Resident of Village-
                 Baraipatti, Post- chhap Mathiya, P.S.- Mirganj, District- Gopalganj.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Sangita Sah W/O Shivshankar Sah, D/O Mahesh Sah R/O Village-
                 Saharkola, P.S- Basantpur, Distt.- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Tej Pratap, Advocate
                 For the State            :        Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   18-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Gopalganj Mahila P.S. Case No. 03 of 2024                           for the

                   offences under Sections 341, 323, 498(a), 406, 504 and 506/34

                   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.83708 of 2025(4) dt.18-06-2026
                                            2/3




          been implicated in this case.

                          5. Learned counsel for the State has opposed the

          application of the petitioner.

                          6. Considering 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 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

          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 SDJM,

          Gopalganj/concerned Court below in connection with Gopalganj

          Mahila P.S. Case No. 03 of 2024, 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 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
           Patna High Court CR. MISC. No.83708 of 2025(4) dt.18-06-2026
                                                       3/3




                     thereafter, the maintenance amount shall be paid to the

                     complainant/informant every month before the 10th day of each

                     month.

                                  9. 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 Principal Judge, Family Court

                     concerned, if any.

                                  10. 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.

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

                     Principal District and Sessions Judge, Gopalganj/ concerned

                     Court below through FAX for its compliance forthwith.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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