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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

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.
Patna High Court CR. MISC. No.5546 of 2026(4) dt.23-06-2026
                                            2/3




                       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
          Patna High Court CR. MISC. No.5546 of 2026(4) dt.23-06-2026
                                                      3/3




                    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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