Patna High Court
Md. Ahkam Alam @ EhkamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
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
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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
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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, Araria through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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