Patna High Court
Sanaul Haque @ Sanaual HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is warranted and granted, subject to bond, sureties and a maintenance condition.
Summary
Sanaul Haque applied for anticipatory bail fearing arrest in a trial (No. 3155 of 2024) arising from a 2021 dowry‑related complaint alleging assault (IPC 323) and dowry harassment (IPC 498‑A, Dowry Prohibition Act). The State opposed the bail, while the petitioner claimed innocence and false implication. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court held that the petitioner was entitled to anticipatory bail. The court ordered release on a bail bond of Rs 10,000 with two sureties and imposed a maintenance payment of Rs 10,000 per month to the informant, subject to any future maintenance proceedings. The order was made under Section 438(2) of the CrPC and Section 482 of the BNSS, with the bail conditions to be satisfied by the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under IPC 323, IPC 498‑A and the Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to restrain unnecessary arrest in this case.
- Whether imposing a maintenance payment as a condition of bail is appropriate.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 498-A
Subjects
- anticipatory bail
- dowry harassment
- assault
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- IPC 323
- IPC 498A
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59332 of 2025
Arising Out of PS. Case No.-2210 Year-2021 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Sanaul Haque @ Sanaual Haque S/o Shekh Aslam Marhoom Resident of
Village- Shreepur Bazar, PS- Sugauli, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sameera Khatoon W/o Sanaul Haque, D/o Md. Samiullah R/o vill - shreepur
Bazar, P.S.- Sugauli, Distt.- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Karandeep Kumar
For the Opposite Party/s : Mr.Jai Narain Thakur
For the O.P. No. 02 : Mr. Sharda Nand Mishra
Mr. Sumit Kumar Gupta.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Trial No. 3155 of 2024 arising out of
Complaint Case No. C-2210 of 2021 registered for the offence
under Sections 323, 498-Aof the Indian Penal Code and under
Sections ¾ of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner is
accused of assaulting and torturing the victim for demand of
dowry.
4. It has been submitted by the learned counsel for
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the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned counsel for the State has opposed the
application of the petitioner.
6 . Considering the submission of the parties and in
view 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 of 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
six weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, East Champaran, Motihari/concerned Court below
in connection with Trial No. 3155 of 2024 arising out of
Complaint Case No. C-2210 of 2021, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 10,000/- from the
month of February, 2026 to the informant and the maintenance
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for the month of February, 2026 shall be paid to the informant
within ten days of pronouncement of this order and thereafter
the maintenance amount from the month of March, 2026 shall
be paid to the informant every month before the 10 th day of the
month.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
Vikas/-
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