Patna High Court
Md. Mansoor AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bail bonds, sureties and a monthly maintenance payment.
Summary
The petitioner, Md. Mansoor Alam, applied for anticipatory bail in connection with a criminal case (Barsoi P.S. Case No. 133 of 2024) alleging offences under Sections 498A, 307 of the IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted and tortured the victim to demand dowry. The petitioner pleaded innocence and sought protection from arrest. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined the necessity of granting bail under Section 438 of the CrPC. The Court allowed the anticipatory bail, directing the petitioner to furnish bail bonds and two sureties, and imposed a maintenance payment of Rs. 7,000 per month to the complainant, subject to the outcome of any separate maintenance proceedings. The order also warned that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC despite the serious nature of the alleged offences.
- Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
- Whether imposing a maintenance obligation as a condition of bail is permissible.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act, 1986 — s. 3
- Indian Penal Code — s. 307, 498A
Subjects
- anticipatory bail
- Section 438 CrPC
- Dowry Prohibition Act
- IPC 498A
- IPC 307
- maintenance order
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67317 of 2025
Arising Out of PS. Case No.-133 Year-2024 Thana- BARSOI District- Katihar
======================================================
Md. Mansoor Alam S/o Salim R/o village - Bansbhitti, P.S - Barsoi, District -
Katihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Hela Bano W/o Md. Mansoor Akam D/o Late Hamidur Rahman, At present
R/o Village - Moghi Tola, P.S - Barsoi, District - Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajendra Prasad Sah
For the Opposite Party/s : Mr.Nand Kumar
For The O.P. No. 2 : Md. Musharraf Hussain
Md. Rahmatullah
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 27-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner apprehends his arrest in connection
with Barsoi P.S. Case No. 133 of 2024 registered for the offence
under Sections 498A, 307 of the IPC 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
Patna High Court CR. MISC. No.67317 of 2025(7) dt.27-02-2026
2/3
implicated in this case.
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,
Katihar/concerned Court below in connection with Barsoi P.S.
Case No. 133 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. 7000/- 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.67317 of 2025(7) dt.27-02-2026
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, Katihar through FAX/Email
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…