Patna High Court
Md. Janhagir @ JanhagirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
The petitioner, Md. Janhagir, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 657 of 2019) that alleged offences under Sections 498A, 314, 307, 379, 120B, 494 of the IPC and Section 3 of the Dowry Prohibition Act. The prosecution claimed the petitioner participated in assault and torture of the victim to extract dowry, while the petitioner maintained his innocence. The court, applying the principles laid down in Arnesh Kumar v. State of Bihar, examined whether anticipatory bail could be granted despite the serious nature of the charges. It held that bail could be granted under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond of Rs.10,000 with two sureties and a monthly maintenance order of Rs.7,000 to the complainant. The maintenance direction was made conditional on any pending family‑court proceedings. The order also warned that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case involving dowry‑related offences.
- Whether the conditions imposed, including a maintenance order, are appropriate and lawful.
- Application of the Arnesh Kumar principles regarding arrest and bail in this context.
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 120B, 307, 314, 379, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- Section 438 CrPC
- maintenance order
- Arnesh Kumar principle
- pre‑arrest bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53235 of 2025
Arising Out of PS. Case No.-657 Year-2019 Thana- PURNIA COMPLAINT CASE District-
Purnia
======================================================
Md. Janhagir @ Janhagir S/o Md. Kalam @ Kalam R/o Vill.- Kamlapur
Colony, PS- Raniganj, PO- Pachira, Distt.- Araria, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jubeda Khootan W/o Md. Janhagir, D/o Md. Usman R/o Vill.- Bharkona,
PS- Mirganj, Distt.- Purnia, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha
For the Opposite Party/s : Mr. Md. Mushtaque Alam
Mr. Kumar Jay
Mr. Hazique Shams Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 09-03-2026 Heard the learned counsel for the parties.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 657 of 2019 for the offence under
Sections 498A, 314, 307, 379, 120B, 494 of the Indian Penal
Code and Section ¾ of the DP 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 been
implicated in this case.
Patna High Court CR. MISC. No.53235 of 2025(5) dt.09-03-2026
2/3
5. Learned APP for the State and the learned counsel
for the O.P. No. 2. have opposed the application of the
petitioner.
6. Considering the submission of the parties and in
light 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 for 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 anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Purnea/concerned Court below in
connection with Complaint Case No. 657 of 2019 subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS and with further
condition that:
(I). The petitioner is directed to pay
a maintenance amount of Rs. 7000/- from the
month of March 2026 to the
complainant/informant. The maintenance for the
month of March 2026 shall be paid to the
complainant/informant within ten days from
Patna High Court CR. MISC. No.53235 of 2025(5) dt.09-03-2026
3/3
today, and thereafter, the maintenance amount
shall be paid to the complainant/informant
every month before the 10th day of each month.
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of the
maintenance case in the Court of Principal Judge, Family Court
concerned, if any.
9. Needless to state that, if the petitioner fails to abide
by the terms and conditions, as stated hereinabove, the State
shall be at liberty to file an appropriate application, before the
learned concerned Court below for cancellation of bail granted
to the petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Purnea through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…