Patna High Court
Md. AfzalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner, subject to bail bond, sureties and a monthly maintenance condition.
Summary
The petitioner, Md Afzal, sought anticipatory bail fearing arrest in Mahila Police Station Case No. 119 of 2024, which alleged his involvement in assault and torture of a woman for dowry, charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Domestic Violence Act. The State opposed the bail, contending the seriousness of the offences. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined whether the petitioner’s arrest was necessary and whether bail could be conditioned. The Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to pay a monthly maintenance of Rs.6,000 to the complainant, subject to the outcome of any family court proceedings. The order also warned that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry‑related assault and torture under the Bharatiya Nyaya Sanhita and DP Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrest in this context.
- Whether the Court can impose a maintenance payment as a condition of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2), 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Domestic Violence Act
- maintenance order
- Arnesh Kumar principle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58218 of 2025
Arising Out of PS. Case No.-119 Year-2024 Thana- MAHILA PS District- Darbhanga
======================================================
Md. Afzal S/O Md. Najrul @ Najir Alam R/O Vill.- Parora, Ward No.-8, P.S.-
Chhorahi ( Khodawandpur), Dist.- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sajda Khatoon W/O Md. Afzal, D/O Md. Shamim Ejaj R/O Vill.- Parora,
Ward No.-8, P.S.- Chhorahi ( Khodawandpur), Dist.- Begusarai At Present
Residing at Vill.- Laxminiya, P.S.- Kusheshwar Asthan, Dist.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shishir Kumar Shishir, Advocate
Mr. Binod Kumar Sinha, Advocate
Dr. S Prasad Yadav, Advocate
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Mahila P.S. Case No. 119 of 2024 registered for the offence
under Sections 85, 126(2), 303(2), 351(2), 115(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 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
Patna High Court CR. MISC. No.58218 of 2025(5) dt.23-02-2026
2/3
implicated in this case. The petitioner is the husband of the
informant.
5. Learned APP for the State has 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 S.D.J.M,
Darbhanga/concerned Court below in connection with Mahila
P.S. Case No. 119 of 2024 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. 6000/- from the
month of February 2026 to the
complainant/informant. The maintenance for the
month of February 2026 shall be paid to the
complainant/informant within ten days from
Patna High Court CR. MISC. No.58218 of 2025(5) dt.23-02-2026
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, Darbhanga through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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