Shivshaktri Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1362 of 2024 Arising Out of PS. Case No.-518 Year-2021 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Shivshaktri Chouhan Son Of Nitya Nand Chouhan @ Nitya Nand Prasad Chauhan Resident Of Village - Chandi, Police Station - Chandi, District - Bhojpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Puja Kumari Wife Of Shivshakti Chouhan Resident Of Village - Chandi, Police Station - Chandi, District - Bhojpur At Present D/O. Prahlad Prasad Bind, Resident Of Village - Nityamatpur, Police Station - Harnaut, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh For the Opposite Party/s :
Mr. Rajendra Prasad Nat Mr. Binit Kumar Mr. Sonu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-02-2026 Seen the Office notes.
2. Heard the learned counsel for the parties.
3. The petitioner apprehends his arrest in connection with Complaint Case No. 518 of 2021 for the offence under Sections 498A, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the DP Act.
4. As per the prosecution case, the petitioner and others are accused of assaulting and torturing the victim for demand of dowry.
5. It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No.1362 of 2024(6) dt.23-02-2026 2/3 petitioner that the petitioner, who is the husband of the complainant, is innocent and has falsely been implicated in this case.
6. Learned APP for the State and the learned counsel for the O.P. No. 2 have opposed the application of the petitioner.
7. Considering the submission of the parties and in light 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 for grant of anticipatory bail is allowed.
8. 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 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif/concerned Court below in connection with Complaint Case No. 518 of 2021 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS and with further condition that:
(I). The petitioner is directed to pay a maintenance amount of Rs. 7000/- from the month of February 2026 to the
Patna High Court CR. MISC. No.1362 of 2024(6) dt.23-02-2026 3/3 complainant/informant. The maintenance for the month of February 2026 shall be paid to the complainant/informant within ten days from today, and thereafter, the maintenance amount shall be paid to the complainant/informant every month before the 10th day of each month.
9. It is made clear that the order of maintenance passed by this Court shall be subject to the outcome of the maintenance case in the Court of Principal Judge, Family Court concerned, if any.
10. Needless to state that, if the petitioner fails to abide by the terms and conditions, as stated hereinabove, the State shall be at liberty to file an appropriate application, before the learned concerned Court below for cancellation of bail granted to the petitioner.
11. Let a copy of this order be communicated to the Principal District & Sessions Judge, Nalanda at Biharsharif through FAX for its compliance forthwith.
(Sandeep Kumar, J) Shishir/- U T