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Patna High Court

MD. REYAZ ALAMversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to bail bond, sureties and monthly maintenance conditions.

Summary

The petitioner, Md. Reyaz Alam, sought anticipatory bail fearing arrest in a Mahila police case alleging offences under IPC sections 323, 498A, 504/34 and Section 3 of the Dowry Prohibition Act. The prosecution alleged that the petitioner participated in assault and torture of the victim to demand dowry. The petitioner contended he was falsely implicated and had not demanded dowry. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail under Section 438(2) of the CrPC, imposing a bail bond of Rs.10,000 with two sureties and a condition to pay monthly maintenance of Rs.10,000 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 to the petitioner under Section 438 CrPC.
  • Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable.
  • Whether conditions such as maintenance payment can be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • maintenance order
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60761 of 2023
                       Arising Out of PS. Case No.-8 Year-2023 Thana- MAHILA P.S. District- Rohtas
                 ======================================================
                 Md. Reyaz Alam Son Of Ali Imam Hussain Resident Of Village - Derhgaon,
                 P.S. - Dawath, District - Rohtas

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar
           2.    Rukshana Khatoon Daughter Of Nazir Hussain, Wife Of Md. Reyaz Alam
                 Resident Of Village - Gamharia, P.S. - Akodhigola, District - Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gajendra Prasad Yadav, Advocate
                                                   Md. G Mustafa, Advocate
                 For the Opposite Party/s :        Mr. Braj Kishore Pd.(App)
                 ======================================================
                 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. 08 of 2023 registered for the offence

                   under Sections 323, 498(A), 504/34 of the Indian Penal Code

                   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

                   implicated in this case. He further submits that the petitioner has
Patna High Court CR. MISC. No.60761 of 2023(5) dt.23-02-2026
                                            2/3




          never demanded any dowry nor tortured 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,

          Rohtas at Sasaram/concerned Court below in connection with

          Mahila P.S. Case No. 08 of 2023 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. 10,000/- 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.60761 of 2023(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, Rohtas at Sasaram through

                      FAX for its compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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