Patna High Court
Sanjay 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, Sanjay Kumar, husband of the alleged victim, sought anticipatory bail fearing arrest in a dowry harassment case filed under IPC sections 494 and 498A and Section 4 of the Dowry Prohibition Act. The prosecution alleged that he, along with others, assaulted the victim to demand dowry. The petitioner claimed innocence and that he was falsely implicated. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with Section 438(2) CrPC and Section 482 CrPC. The Court also imposed a maintenance obligation of Rs.5,000 per month to the wife, subject to any pending family court maintenance proceedings. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under IPC sections 494, 498A and the Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- IPC 494
- Dowry Prohibition Act
- maintenance
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87701 of 2025
Arising Out of PS. Case No.-12042 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Sanjay Kumar son of Sri Pradeep Mahto R/o- Gaighat, near Gauri Shankar
Mandir, jyoti Kalash, p.o- Gulzarbag, P.s- Alamganj Dist -Patna Bihar
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Manisha Gupta Wife of Sanjay Kumar R/o- Gaighat, near Gauri Shankar
Mandir, jyoti Kalash, p.o- Gulzarbag, P.s- Alamganj Dist -Patna Bihar
Resident at Kachnar Gali, near Samridhi Nursing Home, Po- Kadamkuan,
Ps- Gandhi Maidan, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Shekhar, Advocate
For the State : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the Complainant-
Opposite Party No. 2.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 12042(C) of 2023 instituted under
Sections 494 and 498A of the Indian Penal Code and Section
4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry. The petitioner is the husband of the victim.
4. It has been submitted by the learned counsel for
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the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned counsel for the Opposite party no. 2 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 Sub
Divisional Judicial Magistrate, Patna/concerned Court below in
connection with Complaint Case No. 12042(C) of 2023, 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. 5,000/- per month,
beginning from the month of February, 2026 to the opposite
party no. 2 and the maintenance for the month of February, 2026
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shall be paid to the opposite party no. 2 within two weeks from
the date of pronouncement of this order and thereafter the
maintenance amount shall be paid to the opposite party no. 2
every month before the 10th day of the month.
9. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court/
concerned Court, if any.
(Sandeep Kumar, J)
P. Kumar
U
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