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Patna High Court

Pavitra SahuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to a bail bond, sureties and a maintenance direction.

Summary

The petitioners – Pavitra Sahu, Urmila Devi and their sons – feared arrest in a dowry‑related complaint (Case No.191 of 2024) alleging offences under Sections 115, 156, 303 and 84 of the Bharatiya Nyaya Sanhita. They claimed innocence and sought anticipatory bail. The State opposed the application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond of Rs 10,000 with two sureties. The Court also imposed a maintenance direction of Rs 8,000 per month to be paid to the complainant, pending any decision in a separate family‑court proceeding. The order was communicated to the lower court for compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a dowry‑related offence case under the BNSS and CrPC.
  • Whether the Court may impose conditions of bail and a maintenance order pending the outcome of a family‑court case.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • maintenance order
  • family law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85342 of 2025
                    Arising Out of PS. Case No.-191 Year-2024 Thana- COMPLAINT CASE - BENIPUR
                                                    District- Darbhanga
                 ======================================================
           1.     Pavitra Sahu Son of Late Jamun Sahu Resident of Ward No.05, Village
                  -Dholi PO- Vasauna PS -Vangaon Dist- Saharasa
           2.    Urmila Devi Wife of Pavitra Sahu Resident of Ward No.05, Village -Dholi
                 PO- Vasauna PS -Vangaon Dist- Saharasa
           3.    Ratan Sahu Son of Pavitra Sahu Resident of Ward No.05, Village -Dholi PO-
                 Vasauna PS -Vangaon Dist- Saharasa
           4.    Nandan Sahu son of Pavitra Sahu Resident of Ward No.05, Village -Dholi
                 PO- Vasauna PS -Vangaon Dist- Saharasa

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Kanchan Kumari Daughter of Vaidhnath Sah Resident of Village -
                 Mahinaam, PS- Bahers, Dist- Saharsa

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

5   18-06-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Complaint Case No. 191 of 2024 for the offences under

                   Sections 115, 156, 303 and 84 of the Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, the petitioners 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.85342 of 2025(5) dt.18-06-2026
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          petitioners that the petitioners are innocent and they have falsely

          been implicated in this case.

                          5. Learned counsel for the State has opposed the

          application of the petitioners.

                          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 of grant of anticipatory bail is

          allowed.

                          7. Let the petitioners, 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) each with two sureties of

          the like amount each to the satisfaction of the learned Additional

          Chief Judicial Magistrate-I, Benipur/concerned Court below in

          connection with Complaint Case No. 191 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 side is

          directed to pay a maintenance amount of Rs. 8,000/- from the

          month of June 2026 to the complainant/informant. The

          maintenance for the month of June 2026 shall be paid to the
           Patna High Court CR. MISC. No.85342 of 2025(5) dt.18-06-2026
                                                       3/3




                     complainant/informant within ten days from today, and

                     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. Let a copy of this order be communicated to the

                     Principal District and Sessions Judge, Darbhanga/ concerned

                     Court below through FAX for its compliance forthwith.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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