CR. MISC./41305/2025 of Sanjay Yadav @ Sanjay Kumar Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41305 of 2025 Arising Out of PS. Case No.-101 Year-2022 Thana- COMPLAINT CASE - SHERGHATI District- Gaya ====================================================== 1. Sanjay Yadav @ Sanjay Kumar Yadav Son of Mahadeo Yadav R/o Village - Dibhka PS - Dumariya, Distt.- Gaya 2. Vijay Yadav Son of Mahadeo Yadav R/o Village - Dibhka PS - Dumariya, Distt.- Gaya 3. Mahadev Yadav Son of Late Husaini Yadav R/o Village - Dibhka PS - Dumariya, Distt.- Gaya ... ... Petitioner/s Versus 1. The State of Bihar 2. Manju Devi Wife of Sanjit Kumar, D/o Late Indradev Yadav R/o Village - Dibhka PS - Dumariya, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s: Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 19-02-2026 Heard the learned counsel for the petitioners and the learned counsel for the State. 2. The petitioners apprehend their arrest in connection with Complaint Case No. 101 of 2022 in which cogniznce has been taken under Sections 498(A), 323, 379/34 of the Indian Penal Code and Section 4 of the DP Act. 3. As per the prosecution case, the petitioners and others are accused of assaulting and torturing the victim for demand of dowry. 4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and have falsely Patna High Court CR. MISC. No.41305 of 2025(5) dt.19-02-2026 2/3 been implicated in this case. He further submits that the petitioner nos. 1 and 2 are brothers-in-law (Bhaisur) and the petitioner no. 3 is the father-in-law of the complainant. 5. Learned counsel for the State has opposed the application of the petitioner. 6. 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. 7. Let the petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Sherghati, Gaya/concerned Court below in connection with Complaint Case No. 101 of 2022 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 petitioners are directed to pay a maintenance amount of Rs. 8000/- from the month of February 2026 to the Patna High Court CR. MISC. No.41305 of 2025(5) dt.19-02-2026 3/3 complainant/informant and 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 informant every month before the 10 th day of the month. 8. 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 the Principal Judge, Family Court concerned, if any. 9. Needless to state that, if the petitioners fail 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 petitioners. 10. Let a copy of this order be communicated to the Principal District & Sessions Judge, Gaya through FAX for its compliance forthwith. Shishir/- (Sandeep Kumar, J) U T