Patna High Court
Suleman AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Suleman Ansari, sought anticipatory bail in a criminal case alleging offences under the Bharatiya Nyaya Sanhita, stemming from a dowry dispute with his wife, the informant. The prosecution alleged torture and cruelty for non‑payment of dowry, invoking sections relating to domestic violence, dowry harassment and other offences. The petitioner denied the allegations and offered to pay a monthly maintenance of Rs. 3000 to the informant, subject to any matrimonial or maintenance orders. The court, noting the petitioner’s undertaking to provide maintenance, allowed the anticipatory bail application with a bail bond of Rs. 10,000 and two sureties, imposing conditions for payment and possible cancellation. The order also required the informant to file an affidavit and provide her bank details for the maintenance deposits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious allegations under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s undertaking to pay maintenance suffices to justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 352, 85
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- domestic violence
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5546 of 2026
Arising Out of PS. Case No.-210 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Suleman Ansari S/o- Rustam Ansari @ Rostam Ali Village- Nakti Paterwa Ps-
Jagdishpur Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ishrat Jahan w/o- Suleman Ansari R/v- Nakti Paterwa Ps- Jagdishpur Dist-
West Champaran A/P- Pipra Kachahari Tola Po- Pandey Tola Ps- Yogapatti
Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P.
For the Informant : Mr. Sarvesh Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-06-2026 Earlier, vide order dated 04.02.2026, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 126(2), 115(2),85,
303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
4. As per prosecution case, marriage of informant was
solemnized with this petitioner in the year 2024. Thereafter, it is
alleged that informant was subjected to torture and cruelty due
to non-fulfillment of demand of dowry.
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5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the informant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 3000/-per
month to the informant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
3000/- per month to the informant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Judicial Magistrate, 1st Class, Bettiah, West
Champaran in connection with Jagdishpur P. S. Case No. 210 of
2025, subject to the conditions laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita as well as on the
following conditions:-
‘(1) Informant would file an affidavit before the court
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below and bring on record her savings bank account number for
its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the informant.
(3) In case, the petitioner fails to deposit the
maintenance amount for two consecutive months, the court
below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance or connected
proceedings. The present order, in no way, will preclude the
parties to resolve the issue otherwise.’
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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