Patna High Court
Md. WasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bail bond, sureties and a monthly maintenance payment.
Summary
The petitioner, Md. Wasim, was accused in a dowry harassment case (Complaint No. 221 of 2024) under Section 498-A of the IPC and Section 4 of the Dowry Prohibition Act for allegedly assaulting the victim to extract dowry. He applied for anticipatory bail, claiming innocence, while the State argued that a compromise had been reached wherein the petitioner was to pay Rs. 9 lakh to the complainant but had only paid Rs. 80,000. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined whether the petitioner’s arrest was necessary and whether the compromise affected bail. The Court held that anticipatory bail should be granted, subject to a bail bond, sureties, and a maintenance order of Rs. 7,000 per month to the informant. Non‑payment of the maintenance would lead to cancellation of the bail. The order is subject to any further maintenance proceedings by the lower court.
Issues considered
- Whether anticipatory bail should be granted in a dowry harassment case under Section 498-A IPC and Section 4 Dowry Prohibition Act.
- Whether the existence of a compromise and alleged default in payment impacts the grant of anticipatory bail.
- Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498-A
Subjects
- anticipatory bail
- dowry harassment
- Section 498-A
- Dowry Prohibition Act
- bail conditions
- compromise
- maintenance order
- Arnesh Kumar principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42752 of 2025
Arising Out of PS. Case No.-221 Year-2024 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Md. Wasim S/O Nizamuddin R/O Village- Ismailpur, P.S- Barari, Distt.-
Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rizwana Praveen W/O Md. Wasim and D/O Md. Mazhar Ali R/O Village-
Bargan Vishanpur Patralay Binzee, P.S- Korha, Distt.- Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad
For the Opposite Party/s : Mr.Manoj Kumar
For the Informant : Mr. Pramod Prajapati
Ms. Parishmita Bora.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 23-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 221 of 2024 registered for
the offence under Section 498-A of the Indian Penal Code and
under Section 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner is
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
Patna High Court CR. MISC. No.42752 of 2025(6) dt.23-02-2026
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been implicated in this case.
5. Learned counsel for the State has opposed the
application of the petitioner and has submitted that the petitioner
and the opposite party no. 02 have entered into a compromise
and as per the terms of the compromise, the petitioner has to pay
Rs. 9 lakhs to the opposite party no. 02 but the petitioner, after
paying Rs. 80,000/-, has refused to pay the balance amount to
the opposite party no. 02.
6 . Considering the aforesaid facts along with the
submission of the parties and in view 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
six 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 Sub-
Divisional Judicial Magistrate, Katihar/concerned Court below
in connection with Complaint Case No. 221 of 2024, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
Patna High Court CR. MISC. No.42752 of 2025(6) dt.23-02-2026
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8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 7,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
within ten days of pronouncement of this order and thereafter
the maintenance amount from the month of March, 2026 shall
be paid to the informant every month before the 10 th day of the
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
Vikas/-
U
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