Patna High Court
Nusrat @ Nusrat Ara @ Nusrat Rizwan @ Rusrat AraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioners’ application for anticipatory bail, subject to specified conditions.
Summary
The petitioners, three women related as married sister‑in‑laws of the complainant, sought anticipatory bail fearing arrest in a 2007 dowry harassment case (Complaint No. 804) filed under Section 498A IPC and Section 3 of the Dowry Prohibition Act. They contended that they were 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 under Section 438(2) CrPC, subject to a bail bond of Rs 10,000 with two sureties, and imposed a condition to pay monthly maintenance of Rs 7,000 to the complainant, pending the outcome of any family‑court maintenance proceedings. The order also warned that non‑compliance could lead to cancellation of bail. The court communicated the order to the District & Sessions Judge for implementation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in a case involving alleged offences under Section 498A IPC and Section 3 DP Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests apply.
- Whether the court can condition anticipatory bail on the payment of maintenance to the complainant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- dowry harassment
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar principle
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19444 of 2025
Arising Out of PS. Case No.-804 Year-2007 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
1. Nusrat @ Nusrat Ara @ Nusrat Rizwan @ Rusrat Ara W/O Dr. Md. Rizwan
Ahmad Resident of Ahmad Villa, Near White House, F.C.I Road, Fulwari
Sharif, Patna.
2. Ruhi @ Ruhi Rani Nazim @ Ruhi Nazim W/O Syed Shahabuddin Ashraf
R/O Flat No. 304, 3rd Floor, Doctors Apartment Advocate Compund Old
Jasol Village- Jasola Vihar, Okla South Delhi.
3. Farhat Ara @ Farhat Qumar W/O Quamrul Wasey F.C 8 Flock F, Shahim
Bagh, Jamia Nagar, Okla Abul Fazal Enclave-2, South Delhi, Delhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nazia Praveen W/O Syed Shaujauddin Ashraf R/O Village/Mohalla-
Dharmapur Tajpur Road, P.S- Town (Nagar), Distt.- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hafiz Shahbaz Arif
For the Opposite Party/s : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-03-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend their arrest in connection
with Samastipur Complaint Case No. 804 of 2007 filed for the
offence under Section 498A of the Indian Penal Code and
Section ¾ 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.
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4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and have falsely
been implicated in this case. He further submits that the
petitioners are the married sister-in-law of the complainant.
5. Learned APP 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, Samastipur/concerned Court below in
connection with Complaint Case No. 804 of 2007 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. 7000/- from
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the month of March 2026 to the
complainant/informant. The maintenance for the
month of March 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.
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 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 petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Samastipur through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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