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Patna High Court

Ratan DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and a monthly maintenance payment condition.

Summary

The petitioner, Ratan Das, a constable in the CISF, sought anticipatory bail fearing arrest in a dowry harassment case (Sheikhpura Mahila P.S. Case No. 21 of 2025) alleging assault, torture, and desertion of his wife. The prosecution alleged offences under various sections of the Bihar Negotiable Sale Act and the Dowry Prohibition Act. The petitioner contended he was falsely implicated and was willing to pay the maintenance order of Rs. 4,500 passed by the Family Court. The State argued that the petitioner had deserted his wife and children and that the maintenance order covered only the wife. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties, and imposed a condition that the petitioner pay a monthly maintenance of Rs. 20,000 in addition to the existing Rs. 4,500, with non‑payment leading to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged dowry harassment offences.
  • Whether the Supreme Court precedent in Arnesh Kumar v. State of Bihar is applicable to this case.
  • Whether the petitioner is liable to pay maintenance to his wife and children as a condition of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • maintenance
  • desertion
  • CISF
  • Section 438 CrPC
  • Section 482 BNSS
  • Arnesh Kumar precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89546 of 2025
                    Arising Out of PS. Case No.-21 Year-2025 Thana- MAHILA P.S. District- Sheikhpura
                 ======================================================
                 Ratan Das S/o- Nageshwar Das R/O Village- Dholki Dokali PS- Sono
                 District- Jamui
                                                                   ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar Bihar
           2.     Rajnandini Kumari D/o- Bhola Das R/v- Mirjapur Ps- Barbigha Dist-
                  Sheikhpura
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Soni Kumari
                 For the Opposite Party/s :       Mr.Uma Shankar Prasad Singh
                 For the O.P. No. 02      :       Mr. Pankaj Kumar.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-02-2026                    Heard the parties.

                                  2. The petitioner apprehends his arrest in connection

                   with Sheikhpura Mahila P.S. Case No. 21 of 2025 registered for

                   the offence under Sections 127(2), 115(2), 85, 352, 351(2), 3(5)

                   of the BNS and under Section 3/4 of the Dowry Prohibition Act.

                                   3. As per the prosecution case, the petitioner is

                   accused of assaulting and torturing the victim for demand of

                   dowry and has also deserted her.

                                   4. Learned counsel for the petitioner has submitted

                   that the petitioner, who is working in CISF as constable and

                   presently working as a constable in the unit protecting ISRO,

                   Bengaluru, has falsely been implicated in this case. He further

                   submits that the Principal Judge, Family Court, Sheikhpura has

                   passed an order of maintenance of Rs. 4500/- for the

                   maintenance of the wife and the petitioner is ready to pay the

                   same.
Patna High Court CR. MISC. No.89546 of 2025(3) dt.23-02-2026
                                            2/3




                          5. Learned counsel for the State and learned

          counsel for the informant has opposed the application of the

          petitioner and have submitted that the petitioner has deserted his

          wife and children and the maintenance order has been passed in

          the Court below with regard to the wife and not with regard to

          the children.

                          6. Considering the aforesaid facts along with 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

          six 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, Sheikhpura/concerned Court

          below in connection with Sheikhpura Mahila P.S. Case No. 21

          of 2025, 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
          Patna High Court CR. MISC. No.89546 of 2025(3) dt.23-02-2026
                                                      3/3




                    directed to pay a maintenance amount of Rs. 20,000/- along

                    with the maintenance amount of Rs. 4500/- which has been

                    fixed by the Principal Judge, Family Court, Sheikhpura from the

                    month of March, 2026 for maintaining his wife and children

                    who are born out of the wedlock and the same shall be paid to

                    the opposite party no. 02 every month before the 10 th day of the

                    month and if the petitioner fails to pay the maintenance amount

                    to the opposite party no. 02 then his bail bonds shall be

                    cancelled by the Court below.

                                    9. It is made clear that the maintenance amount of

                    Rs. 20,000/- shall be deducted from the salary account of the

                    petitioner and the same shall be transferred in the account of the

                    opposite party no. 02.

                                    10. It is also made clear that the aforesaid

                    maintenance order will be subject to the outcome of any order

                    of concerned Court below passed in maintenance proceedings, if

                    any.

                                    11. Let a copy of this order be communicated to the

                    Director General, CISF through FAX for its compliance.


                                                                (Sandeep Kumar, J)
Vikas/-
U


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