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Patna High Court

Md Babu Ali @ Md Ali Ansari @ Babu AliversusThe State of Bihar

Decided
Disposal
ALLOWED

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 (Jag​dishpur 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

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
Patna High Court CR. MISC. No.44589 of 2025(5) dt.21-01-2026
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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
          Patna High Court CR. MISC. No.44589 of 2025(5) dt.21-01-2026
                                                      3/3




                    be paid to the informant every month before the 10 th day of the

                    month.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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