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Patna High Court

Md. IrshadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is appropriate under Section 438 CrPC, applying the Arnesh Kumar principles, and granted it with conditions including a bail bond and monthly maintenance payment.

Summary

The petitioner, Md Irshad, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 1403 of 2022) that alleged offences under several IPC sections including assault, robbery and dowry harassment. The State opposed the bail, arguing the seriousness of the charges. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court held that anticipatory bail could be granted despite the gravity of the allegations, provided appropriate conditions were imposed. The Court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with Section 438(2) CrPC and Section 482 of the CrPC. Additionally, the petitioner was directed to pay a monthly maintenance of Rs.6,000 to the informant, with default leading to cancellation of bail. The bail was granted subject to compliance with these conditions.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner despite the serious nature of the offences alleged.
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
  • Whether the imposition of a maintenance payment as a condition of bail is permissible.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar principle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68602 of 2025
                  Arising Out of PS. Case No.-1403 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Md. Irshad Son of Md. Israfil Resident of village - Chiranjivipur, Police
                 Station - Bachwara, District - Begusarai

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar
           2.    Sabra Khatoon Wife of Md. Irshad Daughter of Md. Mahjeed, Resident of
                 village - Chiranjivipur, Police Station - Bachwara, District - Begusarai At
                 Present Residing at village - Dharampur Bandey, Police Station - Patori,
                 District - Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Mahendra Pratap
                 For the Opposite Party/s :   Mr.Shailendra Kumar
                 For the O.P. No. 02      :   Mr. Kundan Kumar
                                              Mr. Dhir Dyuti Kumar Verma
                                              Mr. Anjani Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-03-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the Informant and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 1403 of 2022 registered for the

                   offence under Sections 147, 323, 504, 379, 380, 452, 406, 354,

                   498-A of the Indian Penal Code.

                                   3. As per the prosecution case, the petitioner is

                   accused of assaulting and torturing the victim for demand of

                   dowry.

                                   4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.68602 of 2025(3) dt.09-03-2026
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          the petitioner that the petitioner is innocent and he has falsely

          been implicated in this case.

                          5. Learned counsel for the State and learned

          counsel for the informant has opposed the application of the

          petitioner.

                          6. Considering the aforesaid facts along with the

          submission of the parties and in view 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 of

          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

          six weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Sub-

          Divisional Judicial Magistrate, Samastipur/concerned Court

          below in connection with Complaint Case No.1403 of 2022 T.R.

          Case No. 2672 of 2023, subject to the conditions laid down in

          Section 438(2) of the Code of Criminal Procedure, 1973 /

          Section 482 of the BNSS.

                          8. As a condition of this order, the petitioner is

          directed to pay a maintenance amount of Rs. 6,000/- from the
          Patna High Court CR. MISC. No.68602 of 2025(3) dt.09-03-2026
                                                      3/3




                    month of March, 2026 to the informant and the maintenance for

                    the month of March, 2026 shall be paid to the informant within

                    ten days of pronouncement of this order and thereafter the

                    maintenance amount from the month of April, 2026 shall be

                    paid to the informant every month before the 10 th day of the

                    month and if the petitioner fails to pay the maintenance amount

                    to the opposite party no. 02 then his bail bonds shall be

                    cancelled by the Court below.

                                    9. It is made clear that the aforesaid maintenance

                    order will be subject to the outcome of any order of concerned

                    Court below passed in maintenance proceedings, if any.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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