Patna High Court
Md. Mustak @ Md. MustaqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 498A
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
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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
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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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