Patna High Court

Md. Afroz AlamversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail is granted to the petitioner with specified conditions.

Summary

The petitioner, Md. Afroz Alam, was implicated in a complaint alleging assault, torture, and dowry demands under Sections 498A, 323, 504 and 506 of the IPC. He applied for anticipatory bail, claiming innocence and false implication. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438(2) of the CrPC and Section 482, subject to a bail bond of Rs.10,000 with two sureties. The Court also imposed a maintenance direction of Rs.8,000 per month to be paid to the informant, pending any separate maintenance order. The order is conditional on the petitioner surrendering within six weeks and complying with the bail and maintenance conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the complaint.
Whether the conditions imposed, including bail bond and maintenance, are appropriate under law.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482
Indian Penal Code — s. 323, 498A, 504, 506

Subjects

anticipatory bail
dowry harassment
IPC
CrPC
maintenance order
Section 498A
Section 438
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45512 of 2025
                 Arising Out of PS. Case No.-131 Year-2021 Thana- COMPLAINT CASE - BIRPUR District-
                                                         Supaul
                 ======================================================
                 Md. Afroz Alam S/o- Md. Noor Hasan Mohalla- Supaul Nagar Parishad
                 W.No-20, Ps- Supaul Dist- Supaul

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sabira Khatoon D/o- Mohammad Naim Mohalla- Itwa W.No-14, Ps-
                 Raghopur Dist- Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.    The     petitioner    apprehends        his    arrest     in

                   connection with Complaint Case No. 131C of 2021                       for the

                   offences under Sections 498A, 323, 504 and 506 of the Indian

                   Penal Code.

                                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 been

                   implicated in this case.
Patna High Court CR. MISC. No.45512 of 2025(5) dt.19-02-2026
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                       5. Learned counsel for the State 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 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 court of A.C.J.M.

          I, Birpur, Supaul /concerned Court below in connection with

          Complaint Case No. 131C of 2021, 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 February, 2026 to the informant and the maintenance

          for the month of February, 2026 shall be paid to the informant

          before 25.02.2026 and thereafter the maintenance amount from

          the month of March, 2026 shall be paid to the informant every
              Patna High Court CR. MISC. No.45512 of 2025(5) dt.19-02-2026
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                        month before the 10th day of the month.

                                     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)
tusharika/-

U       T

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