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Patna High Court

Md. Ahkam Alam @ EhkamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail must be granted to the petitioner, subject to prescribed conditions.

Summary

The petitioner, Md Ahkam Alam, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 09C of 2024) alleging offences under IPC Section 498A and the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted and tortured the complainant to extract dowry. The petitioner contended he was falsely implicated and is the husband of the complainant, willing to maintain his wife with dignity. The court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail with a bail bond, sureties, and a condition to pay monthly maintenance of Rs. 7,000 to the complainant. The order also stipulated that the maintenance condition is subject to any decision of the Family Court and that bail may be cancelled for non‑compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case involving alleged dowry harassment under IPC 498A and the Dowry Prohibition Act.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • Dowry Prohibition Act
  • maintenance order
  • Section 438 CrPC
  • Arnesh Kumar precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26625 of 2025
                    Arising Out of PS. Case No.-9 Year-2024 Thana- COMPLAINT CASE District- Araria
                 ======================================================
                 Md. Ahkam Alam @ Ehkam S/o- Asahab Village- Majgawan W.No-3, Ps-
                 Jokihat Dist- Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Gulista @ Gulistan W/o- Md. Ahkam Alam @ Ehkam, D/o- Moin Village-
                 Majgawan Ps- Jokihat Mahalgaon Dist- Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Ziaul Quamar
                 For the Opposite Party/s :       Mr. Madhura Nand Jha
                 For the O.P. No. 2       :       Mr. Ramesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   17-02-2026                  Heard the learned counsel for the petitioner, learned

                   APP for the State and the learned counsel for the O.P. No. 2.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 09C of 2024 for the offence under

                   Sections 498(A) 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 petitioner is
Patna High Court CR. MISC. No.26625 of 2025(4) dt.17-02-2026
                                            2/3




          the husband of the complainant and is ready to keep his wife

          with full dignity.

                       5. Learned counsel for the O.P. No. 2 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 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 Chief Judicial

          Magistrate, Araria/concerned Court below in connection with

          Complaint Case No. 09-C of 2024 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
            Patna High Court CR. MISC. No.26625 of 2025(4) dt.17-02-2026
                                                        3/3




                                              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, Araria through FAX for its

                      compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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