Patna High Court
Salim Sah @ Mohammed Salim ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 125, 126(2), 304, 352, 482, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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