Allowed¶19

Anup Sao v. The State of Bihar

Patna HC23 Feb 2026CR. MISC./51629/2025

Case brief

AI extract

What is this about?

Anticipatory bail allowed; dowry-demand assault allegations; Bharatiya Nyaya Sanhita 2023 Ss.126(2), 115(2), 82(1), 85, 352, 351(2), 3(5); Didarganj P.S. Case No. 415 of 2024, Patna; Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 relied on; Section 438(2) CrPC / Section 482 BNSS conditions; bail bonds Rs. 10,000 with two like sureties; surrender window four weeks; CRIMINAL MISCELLANEOUS No.51629 of 2025; Sandeep Kumar, J.

What did the court decide?

Anticipatory bail granted: release upon arrest or surrender within four weeks on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC / Section 482 BNSS. ¶19

Anup Sao Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, apprehending arrest in Didarganj P.S. Case No. 415 of 2024 (offences under Sections 126(2), 115(2), 82(1), 85, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising from alleged dowry-related assault), is entitled to anticipatory bail.

¶12

Court's answer

Considering the submissions of the parties and in light of the law laid down by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, the application for grant of anticipatory bail is allowed.

¶18

Ratio / Principle

In the event of arrest or surrender before the concerned Court below within four weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned J.M.F.C, Patna City/concerned Court below, subject to the conditions in Section 438(2) CrPC / Section 482 BNSS.

¶19

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), by oral order dated 23-02-2026 in CRIMINAL MISCELLANEOUS No.51629 of 2025, allowed an anticipatory bail application by the petitioner (husband of the informant) who apprehended arrest in Didarganj P.S. Case No. 415 of 2024, registered for offences under Sections 126(2), 115(2), 82(1), 85, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging assault and torture of the victim for demand of dowry. Relying on Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, the Court directed that in the event of arrest or surrender within four weeks the petitioner be released on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51629 of 2025

¶2

Arising Out of PS. Case No.-415 Year-2024 Thana- DIDARGANJ District- Patna

¶3

======================================================

¶4

Anup Sao S/o- Ramdahin Sao Village- Fatehpur PS- Didarganj Distt- Patna

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar 2. Rubi Devi W/o- Anup Sao Village- Fatehpur PS- Didarganj Distt- Patna

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

¶10

6 23-02-2026

¶11

Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the opposite party no. 2.

¶12

The petitioner apprehends his arrest in connection with Didarganj P.S. Case No. 415 of 2024 registered for the offence under Sections 126(2), 115(2), 82(1), 85, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

¶13

As per the prosecution case, the petitioner and others are accused of assaulting and torturing the victim for demand of dowry.

¶14

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. He further submits that the

¶15

Patna High Court CR. MISC. No.51629 of 2025(6) dt.23-02-2026 2/2

¶16

petitioner is the husband of the informant. The victim was earlier issued notice but she chosen not the appear. Petitioner bears clean antecedent.

¶17

Learned APP for the State has opposed the application of the petitioner.

¶18

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.

¶19

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 J.M.F.C, Patna City/concerned Court below in connection with Didarganj P.S. Case No. 415 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

¶20

(Sandeep Kumar, J)

¶21

Ranjeet/- U T

Anup Sao v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anup Sao v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pravin kumar Singh @ Pravin Singh Vs The State of Bihar

Pramod Kumar Vs The State of Bihar

Bhavesh Kumar Poddar @ Bhavishya Poddar Vs The State of Bihar

Amit Kumar @ Raj Kumar Vs The State of Bihar

Shashi Kumar @ Shashikant Sharma Vs The State of Bihar

Ashok Mandal Vs The State of Bihar