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Patna High Court

Md. Mustak @ Md. MustaqueversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail is granted to the petitioner with specified conditions.

Summary

The petitioner, Md. Mustak, was implicated in a complaint (No. 652C of 2024) alleging assault and dowry harassment under IPC sections 323 and 498A and Section 3 of the Dowry Prohibition Act. Fearing arrest, he applied for anticipatory bail. The State and the informant opposed the application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined the necessity of bail in light of the alleged offences. The Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a condition that the petitioner pay monthly maintenance of Rs.8,000 to the informant. The order was directed to be communicated to the concerned Sessions Judge for compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case involving alleged assault and dowry harassment.
  • Whether the Supreme Court’s direction in Arnesh Kumar v. State of Bihar applies to restrain unnecessary arrests in this context.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • IPC 323
  • Section 438 CrPC
  • maintenance order
  • Arnesh Kumar precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72544 of 2025
                    Arising Out of PS. Case No.-652 Year-2024 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
                 Md. Mustak @ Md. Mustaque son of Md. Shahid Resident of village
                 -Gwalpara ward no 4, Ps -Gwalpara District -Madhepura

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar bihar
           2.    Rahmati Khatoon Daughter of Late Md. Shabir Ali Resident of Village-
                 Simri Bakhtiyarpur, Purani Bazar Ward no. 18, Ps- Bakhtiyarpur, Dist-
                 Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mrs. Rashmi Jha
                 For the Opposite Party/s :    Mr. Syed Mojibur Rahman
                                               Mr. Md Raghib Alam
                                               Mr. Nafisuzzoha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   21-01-2026                  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. 652C of 2024 in which cognizance

                   has been taken under Sections 323, 498A of the Indian Penal

                   Code and Section ¾ of the D.P. 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.72544 of 2025(3) dt.21-01-2026
                                            2/3




          implicated in this case.

                        5. Learned counsel for the State and the learned

          counsel for the informant have 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 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 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,

          Saharsa/concerned Court below in connection with Complaint

          Case No. 652C 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. 8,000/-
                                  from the month of January 2026 to the
                                  informant and the maintenance for the
                                  month of January 2026 shall be paid to the
                                  informant before 31.01.2026 and thereafter
            Patna High Court CR. MISC. No.72544 of 2025(3) dt.21-01-2026
                                                        3/3




                                              the maintenance amount shall be paid to the
                                              informant every month before the 10th day of
                                              the month.



                                   8. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Saharsa through FAX for

                      its compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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