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Patna High Court

Md. Janhagir @ JanhagirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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