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Patna High Court

Jahid AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and a maintenance condition.

Summary

Jahid Ansari, the husband, was arrested in a case under IPC sections 323, 341, 498A and 34, and the Dowry Prohibition Act sections 3 and 4. He claimed the charges were false and stemmed from a deteriorated marital relationship with his wife, Shahnaz Khatoon. The petitioner offered to pay a monthly maintenance of Rs.7,000 to the wife and sought anticipatory bail to avoid incarceration. The court examined the petitioner's claim, the wife's objections, and the possibility of misuse of bail. It granted anticipatory bail under Section 438(2) of the CrPC, requiring a bail bond of Rs.5,000 with two sureties and imposing a condition that the wife could seek cancellation if maintenance is not paid for two consecutive months. The order also stated that any court‑determined maintenance would supersede the agreed amount.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC despite the serious nature of the offences.
  • Whether the condition of monthly maintenance and the provision for cancellation of bail are appropriate safeguards.

Legislation cited

Subjects

  • anticipatory bail
  • maintenance
  • dowry harassment
  • IPC
  • CrPC
  • false implication
  • marital dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35578 of 2025
                      Arising Out of PS. Case No.-44 Year-2023 Thana- MAHILA P.S. District- Siwan
                 ======================================================
                 Jahid Ansari S/o Late Alauddin Ansari R/o Village- Babu Hata, P.S.- Jamo
                 Bazar, District- Siwan

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Shahnaz Khatoon D/o Jaffrul Ansari R/o Village- Fakhruddinpur, P.S.-
                 G.B .Nagar Tarwara, District- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Pandey, Adv
                 For the Opposite Party/s :       Mr.Ajay Kumar Jha, APP
                                                  Mr. Udit Narayan Singh, Advocate
                                                  Mr. Gajendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   25-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State along with learned counsel for OP

                   No. 2.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 323, 341,

                   498A and 34 of the Indian Penal Code read with Sections 3 and

                   4 of the Dowry Prohibition Act.

                             3.    The learned counsel for the petitioner submits that

                   petitioner being husband has been falsely implicated in the

                   instant case by the OP No. 2. It is fairly submitted that presently

                   the relationship in between the petitioner and the OP No. 2 has

                   soured to an extent where it is not possible to revive the
Patna High Court CR. MISC. No.35578 of 2025(4) dt.25-03-2026
                                            2/4




          conjugal relationship, but with passage of time and on

          intervention of well-wishers, the parties may resolve their

          dispute amicably. It is also submitted that petitioner being

          husband is aware of his responsibility towards his wife and the

          child, who presently is residing with the OP No. 2, as such

          petitioner is willing to pay a monthly maintenance of Rs. 7,000/-

          to the OP No. 2, which shall commence from 1-4-2026.

                   4.     Learned counsel appearing on behalf of the OP No.

          2 submits that it might be a ploy of the petitioner to seek

          anticipatory bail and the monthly maintenance as agreed may

          not be credited in the account of the OP No. 2, on which the

          learned counsel appearing on behalf of the petitioner submits

          that petitioner is aware of the consequences which would entail

          in the event if the petitioner breaches the undertaking given

          before this Court, it is further submitted that if privilege of

          anticipatory bail is granted to the petitioner and if petitioner

          breaches his undertaking, in that event, his anticipatory bail

          shall be liable to be cancelled, on which the learned counsel

          appearing on behalf of the OP No. 2 submits that              since

          petitioner is willing to pay a monthly maintenance of Rs.

          7,000/-, as such no useful purpose would be served by sending

          the petitioner to jail as chances of future reconciliation will also
Patna High Court CR. MISC. No.35578 of 2025(4) dt.25-03-2026
                                            3/4




          get marred.

                   5.     The learned counsel for the OP No. 2 also submits

          that he will WhatsApp the bank account number of the OP No. 2

          on the WhatsApp number of the learned counsel for the

          petitioner and the learned counsel for the petitioner undertakes

          to communicate the same to the petitioner so that the monthly

          maintenance commences from 1-4-2026.

                   6.     Considering the submission made by the learned

          counsel for the parties, the petitioner above-named, in the event

          of his arrest or surrender within a period of six weeks from

          today, be released on anticipatory bail on furnishing bail bonds

          of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the

          like amount each to the satisfaction of the learned trial court

          where the case is pending/successor court in connection with

          Mahila PS Case No. 44 of 2023, subject to the conditions as

          laid down under Section 438 (2) of the Cr.P.C.

                   7.     However, it is made clear that OP No. 2 shall be at

          liberty to file an application before this court seeking

          cancellation of the anticipatory bail granted to the petitioner, in

          the event if the petitioner does not deposit the monthly

          maintenance as agreed for two consecutive months.
              Patna High Court CR. MISC. No.35578 of 2025(4) dt.25-03-2026
                                                          4/4




                                 8.     It   is   further       made    clear   that   the   present

                        maintenance shall stop, if a court of competent jurisdiction fixes

                        the maintenance.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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