Patna High Court
Anjan BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail should be granted, subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Anjan Bharti, applied for anticipatory bail in a complaint alleging assault and torture for dowry demands under Sections 74, 85, 352 and 355 of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged his involvement, while the petitioner claimed innocence. The informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court permitted the anticipatory bail. The bail was conditioned on a Rs 10,000 bond with two sureties, compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, and a monthly maintenance payment of Rs 10,000 to the informant, subject to any family‑court maintenance order. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail can be granted in a dowry‑related offence under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to the present application.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 352, 355, 482, 74, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- criminal procedure
- maintenance order
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNSS
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89987 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- COMPLAINT CASE - BIKRAMGANJ
District- Rohtas
======================================================
Anjan Bharti S/o Nagendra Singh Resident of - 5B, Ward No. 30, Jeewan
Memorial Hospital, New Shanti Nagar, P.S - Shankar Nagar, District - Raipur
(Chhatishgarh), Presently R/o Village - Sikhar, P.S - Muffasil (Manpur),
District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Joytika Kumari W/o Anjan Bharti D/o Dadan Rai, R/o Village - Sikhar, P.S -
Muffasil (Manpur), District - Gaya, Presently R/o Village, Post and P.S -
Bikramganj, District - Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar Priyadarshi, Advocate
For the State : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 45(C) of 2025 registered
for the offence under Sections 74, 85, 352 and 355 of the
Bharatiya Nyaya Sanhita and Section 3/4 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.
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 informant 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 A.C.J.M.-I,
Bikramganj, District-Rohtas/concerned Court below in
connection with Complaint Case No. 45(C) 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
directed to pay a maintenance amount of Rs. 10,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
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within one week from the date of pronouncement of this order
and thereafter the maintenance amount shall be paid to the
informant 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, if any.
(Sandeep Kumar, J)
P. Kumar
U T
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