Patna High Court
Jahid AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A
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
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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
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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.
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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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