Patna High Court
Sher Ali KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Sher Ali Khan applied for anticipatory bail fearing arrest in a dowry‑related case (Case No. 43 of 2019) where he is accused under several IPC sections and Section 3 of the Dowry Prohibition Act. He contended that the allegations of assault and torture for dowry were false and that he had been falsely implicated. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and ordering the petitioner to pay monthly maintenance of Rs.7,000 to the complainant, subject to the family court’s maintenance proceedings. The order also warned that non‑compliance could lead to cancellation of bail. The bail was to be effected within four weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the serious offences alleged.
- Whether conditions such as a maintenance payment can be imposed as part of anticipatory bail.
- Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 120B, 308, 323, 34, 341, 379, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- Section 498A
- maintenance order
- Arnesh Kumar principle
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18432 of 2025
Arising Out of PS. Case No.-43 Year-2019 Thana- SAHARSA COMPLAINT CASE District-
Saharsa
======================================================
Sher Ali Khan S/o- Amirul Khan Resident of village- Fhulwari Naya Tola
Argara Chouk PS- Katihar District-Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nafisa Praween W/o- Sher Ali Khan, D/o- Md. Alim R/o- Saharsa Basti
W.No-31, Ps Dist- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 17-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Katihar C.A. Case No. 43 of 2019 for the offence under
Sections 341, 323, 498A, 379, 308, 120B/34 of the Indian Penal
Code and Section ¾ of the DP 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 the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that the allegation of
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demand of dowry and torture against the petitioner is false and
concocted.
5. Learned counsel for the State has opposed the
application of the petitioner.
6. Considering the submission of the parties and
considering 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 S.D.J.M,
Saharsa/concerned Court below in connection with Complaint
Case No. 43 of 2019 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
complainant/informant and the maintenance
for the month of February 2026 shall be
paid to the complainant/informant within ten
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days from today and thereafter the
maintenance amount shall be paid to the
informant every month before the 10th 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
maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
9. 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.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Saharsa through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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