Patna High Court
SAGAR YADAV @ SAGAR KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Sagar Yadav, sought anticipatory bail fearing arrest in a dowry‑related case (Murliganj PS Case No. 454 of 2022) that alleged offences under IPC sections 341, 323, 498A, 504, 506/34 and Section 75 of the Dowry Prohibition Act. The State opposed the bail application. The Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, held that the petitioner was entitled to anticipatory bail and ordered his release on a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482. Additionally, the Court directed the petitioner to pay a monthly maintenance of Rs.6,000 to the informant. The order was pronounced on 9‑02‑2026.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests apply.
- Whether the conditions imposed on bail, including maintenance payment, are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 75
- Indian Penal Code — s. 323, 341, 498A, 504, 506/34
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- Section 438 CrPC
- Arnesh Kumar principle
- maintenance order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86541 of 2023
Arising Out of PS. Case No.-454 Year-2022 Thana- MURLIGANJ District- Madhepura
======================================================
SAGAR YADAV @ SAGAR KUMAR SON OF SABENADRA YADAV R/O
VILLAGE- PACHA GACHHIYA, WARD NO. 14, P.S.- MURLIGANJ,
DISTRICT- MADHEPURA (BIHAR)
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. Kiran Devi W/o- Sagar Yadav @Sagar Kumar R/O - Vill- Panch Gachhiya ,
Ward No- 14, P.S.- Murliganj, Dist- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Murliganj P.S. Case No. 454 of 2022 registered
for the offence under Sections 341, 323, 498A, 504, 506/34 of
the Indian Penal Code and under Section ¾ of the D.P. Act.
3. As per the prosecution case, the petitioner and
others are 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
been implicated in this case.
Patna High Court CR. MISC. No.86541 of 2023(3) dt.09-02-2026
2/3
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 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
four 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, Madhepura/concerned Court below in connection
with Murliganj P.S. Case No. 454 of 2022, 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. 6,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
within ten days of pronouncement of this order and thereafter
the maintenance amount shall be paid to the informant every
Patna High Court CR. MISC. No.86541 of 2023(3) dt.09-02-2026
3/3
month before the 10th day of the month.
(Sandeep Kumar, J)
Vikas/-
U
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