Patna High Court
Md. IrshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 147, 323, 354, 379, 380, 406, 452, 498-A, 504
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
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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
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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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