Patna High Court
Shivshankar Sah @ Shivshankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 341, 406, 498(a), 504, 506/34
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
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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
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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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