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Patna High Court

SAGAR YADAV @ SAGAR KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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