Patna High Court
Md Babu Ali @ Md Ali Ansari @ Babu AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and a monthly maintenance payment.
Summary
The petitioner, Md Babu Ali, sought anticipatory bail fearing arrest in a dowry‑related case (Jagdishpur P.S. Case No. 246 of 2024) where he was alleged to have assaulted and tortured a victim for dowry. The prosecution charged him under several sections of the Bihar Narcotic Substances Act, 2023 and Section ¾ of the Dowry Prohibition Act. The petitioner claimed innocence, while the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the court granted anticipatory bail under Section 438 of the CrPC, subject to a bail bond, sureties and a monthly maintenance payment to the informant. The order also invoked Section 482 of the BNSS to ensure the bail is not misused.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged dowry‑related offences.
- Whether the case falls within the parameters laid down by the Supreme Court in Arnesh Kumar v. State of Bihar regarding unnecessary arrests.
- What conditions, if any, should be imposed on the anticipatory bail, including maintenance to the informant.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 3(5), 352, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- Section 438 CrPC
- Section 482 CrPC
- maintenance order
- Arnesh Kumar guidelines
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44589 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- JAGDISHPUR District- Bhagalpur
======================================================
Md Babu Ali @ Md Ali Ansari @ Babu Ali S/o Md. Mustafa Ansari @ Md
Mustafa Kamal R/o Village Naya Tola, Mustafapur Puraini, P.S.- Jagdishpur,
District-Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ashiyana Khatoon W/o Md. Babu Ali @ Md. Ali Ansari R/o Village
Mustafapur Puraini P.S.- Jagdishpur, District-Bhagalpur (informant)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya
For the Opposite Party/s : Mr.Satyendra Narayan Singh
For the O.P. No. 02 : Mr. Rakesh Kumar Ranjan
Mr. Narendra Kumar Chaubey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 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 Jagdishpur P.S. Case No. 246 of 2024
registered for the offence under Sections 126(2), 115(2), 352,
85, 3(5) of the BNS, 2023 and under Section ¾ of the D.P. 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
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been implicated in this case.
5. Learned counsel for the informant has opposed
the application of the petitioner.
6 . Considering 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
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 CJM
Bhagalpur/concerned Court below in connection with
Jagdishpur P.S. Case No. 246 of 2024, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 8,000/- from the
month of January, 2026 to the informant and the maintenance
for the month of January, 2026 shall be paid to the informant
before 31.01.2026 and thereafter the maintenance amount shall
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be paid to the informant every month before the 10 th day of the
month.
(Sandeep Kumar, J)
Vikas/-
U
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