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Patna High Court

Salim Sah @ Mohammed Salim ShahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner with specified conditions.

Summary

The petitioner, Salim Sah, sought anticipatory bail fearing arrest in a dowry‑related assault case (Complaint No. 232 of 2024) involving offences under Sections 74, 126(2), 115(2), 125, 352 and 304 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and others tortured the complainant to extract dowry. The petitioner denied involvement and applied for anticipatory bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438 of the CrPC and Section 482 of the BNSS, subject to a bail bond of Rs.10,000, two sureties, and a monthly maintenance payment of Rs.8,000 to the complainant. The order also made the maintenance provision contingent on any pending family‑court proceedings and 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 under the Bharatiya Nyaya Sanhita.
  • Whether the provisions of Section 438 CrPC and Section 482 BNSS are applicable to the petitioner's request.
  • Whether conditions such as maintenance payment can be imposed as part of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar guidelines
  • arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60556 of 2025
                 Arising Out of PS. Case No.-232 Year-2024 Thana- COMPLAINT CASE-ARWAL District-
                                                         Arwal
                 ======================================================
                 Salim Sah @ Mohammed Salim Shah S/o- Mohammed Sadik Shah Village -
                 Amjhor Shariff, Varis Nagar, Po - Haspura, PS - Haspura, District -
                 Aurangabad

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Juleba Khatoon D/o- Sadik Shah, W/o- Salim Shah Village- Sajeeval Dargah
                 Po- Pinjrawan Ps- Kurtha Dist- Arwal

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Anirudh Kumar Verma
                 For the Opposite Party/s :     Mr.Tarun Prasad Mandal
                 ======================================================
                 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 Complaint Case No. 232 of 2024 registered for the offence

                   under Sections 74, 126(2), 115(2), 125, 352 and 304 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                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

                   implicated in this case.The petitioner is the husband of the
Patna High Court CR. MISC. No.60556 of 2025(5) dt.23-02-2026
                                            2/3




          complainant.

                       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 Chief

          Judicial Magistrate, Arwal/concerned Court below in connection

          with Complaint Case No. 232 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. 8000/- 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
                                  today, and thereafter, the maintenance amount
                                  shall be paid to the complainant/informant
            Patna High Court CR. MISC. No.60556 of 2025(5) dt.23-02-2026
                                                        3/3




                                              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, Arwal through FAX for its

                      compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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