Patna High Court

Md MustakimversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The court held that, in accordance with the Supreme Court’s directives in Arnesh Kumar, anticipatory bail may be granted even for serious offences, provided appropriate conditions are imposed.

Summary

The petitioner, Md Mustakim, sought anticipatory bail fearing arrest in a criminal case (Trial No. 4426 of 2023) arising from a 2017 dowry‑related complaint that alleged offences under Sections 498A, 504, 323, 307, 406, 420 of the IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged that the petitioner tortured the victim for dowry demands. The petitioner pleaded innocence and argued that the second respondent had remarried, implying no ongoing threat. The State opposed the bail, citing the seriousness of the charges. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bihar Code, and directed that the complainant may seek maintenance separately.

Issues considered

Whether anticipatory bail can be granted in a case involving multiple serious offences including dowry‑harassment and attempted murder.
Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this petition.
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Code of Criminal Procedure — s. 482(2)
Dowry Prohibition Act — s. 3
Indian Penal Code — s. 307, 323, 406, 420, 498A, 504

Subjects

anticipatory bail
dowry harassment
IPC offences
Dowry Prohibition Act
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58776 of 2025
                  Arising Out of PS. Case No.-413 Year-2017 Thana- COMPLAINT CASE - SIKRAHANA
                                                 District- East Champaran
                 ======================================================
                 Md Mustakim S/O Md Amin Resident of Village- Saratha, P.S.- Dhaka, Dist.-
                 East Champaran.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Sajeeda Khatoon D/O Samsul Haque R/O Vill.- Hardiya Pasrampur, P.S.-
                 Kaleya, Dist.- Bara, Nepal

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Shahid Jawed
                 For the Opposite Party/s :    Mr. Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   15-01-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Trial No. 4426 of 2023 arising out of Complaint Case No. C413

                   of 2017 for offences punishable under Sections 498A, 504, 323,

                   307, 406, 420 of the IPC and Section ¾ of the DP Act.

                                3. As per the prosecution case, the petitioner is

                   accused of torturing the victim due to non-fulfillment of demand

                   of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the O.P. No. 2 has re-married.
            Patna High Court CR. MISC. No.58776 of 2025(4) dt.15-01-2026
                                                        2/2




                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. In view of the law laid down by the Hon’ble

                      Supreme Court in the case of Arnesh Kumar V/s State of Bihar

                      & Anr, (2014) 8 SCC 273, this application for anticipatory bail

                      stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned S.D.J.M.,

                      Dhaka, Motihari/concerned Court below in connection with

                      Trial No. 4426 of 2023 arising out of Complaint Case No. C-

                      413 of 2017 subject to the conditions as laid down under

                      Section 482(2) of the BNSS.

                                   8. The Complainant may file an application for

                      maintenance in the Court of Principal Judge Family Court, East

                      Champaran, Motihari, if so advised.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T

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