Patna High Court
Md. Rizwan Shah @ Rizwan AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 498A
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.
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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
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
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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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