Patna High Court
MD. REYAZ ALAMversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 498A, 504
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
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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
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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, Rohtas at Sasaram through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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