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Patna High Court

Md. Rizwan Shah @ Rizwan AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in accordance with Arnesh Kumar v. State of Bihar, the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC.

Summary

Petitioner Md. Rizwan Shah was implicated in a complaint alleging assault and dowry harassment under IPC sections 323 and 498A and Section 3 of the Dowry Prohibition Act. He applied for anticipatory bail, claiming innocence. The State opposed the application. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure, subject to a bail bond and sureties, and also imposed a maintenance order payable to the informant. The bail order is conditioned on compliance with the stipulated conditions and is subject to any further maintenance proceedings.

Issues considered

  • Whether anticipatory bail can be granted in a case involving offences under IPC 323, 498A and the Dowry Prohibition Act.
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrest in the present case.
  • What conditions may be imposed under Section 438(2) CrPC and Section 482 in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar case
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45981 of 2025
                 Arising Out of PS. Case No.-1017 Year-2018 Thana- AURANGABAD COMPLAINT CASE
                                                   District- Aurangabad
                 ======================================================
                 Md. Rizwan Shah @ Rizwan Alam son of Md. Mumtaz Shah Resident Of
                 Village -Bishunpur, Ps- Karkat, Dist- Rohtas

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Saniya Parween wife of Md. Rizwn Shah village- Aurangabad, Bardi Kali,
                 Po- Rampur, Ps- Barun, Dist- Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rampravesh Nath Tiwari, Advocate
                 For the Opposite Party/s :      Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   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. 1017 of 2018                     for the

                   offences under Sections 323, 498(A) of I.P.C. and Section ¾ of

                   the D.P. 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 been

                   implicated in this case.
Patna High Court CR. MISC. No.45981 of 2025(7) dt.19-02-2026
                                            2/3




                       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

          Additional Sessions Judge-IX, Aurangabad /concerned Court

          below in connection with Complaint Case No. 1017 of 2018,

          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.45981 of 2025(7) dt.19-02-2026
                                                          3/3




                        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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