Patna High Court
Pavitra SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 115, 156, 303, 482, 84
- Criminal Procedure Code — s. 438(2)
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
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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
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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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