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Patna High Court

Abdul Ohid Khan @ Abdul WahidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail must be granted to the petitioner, subject to the stipulated conditions.

Summary

The petitioner, Abdul Ohid Khan, sought anticipatory bail fearing arrest in a dowry‑related case (Complaint No. 1547 of 2022) alleging offences under IPC Section 498A and the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted and tortured the complainant to extract dowry. The petitioner pleaded innocence and applied for anticipatory bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a condition to pay monthly maintenance of Rs.7,000 to the complainant, pending the outcome of any family‑court maintenance proceedings. The order also warned that non‑compliance could lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case involving alleged offences under IPC 498A and the Dowry Prohibition Act.
  • Whether the court can impose a maintenance payment condition as part of the anticipatory bail order.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • Dowry Prohibition Act
  • maintenance order
  • Section 438 CrPC
  • Section 482 CrPC
  • Arnesh Kumar precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72575 of 2025
                 Arising Out of PS. Case No.-1547 Year-2022 Thana- SIWAN COMPLAINT CASE District-
                                                         Siwan
                 ======================================================
                 Abdul Ohid Khan @ Abdul Wahid R/o Abdul Ahat Khan @ Late Abdul Ahad
                 Khan R/o Village - Mehdi Hasan Chowk, P.S. - Kazimohamadpur, District -
                 Muzaffarpur.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Sadaf Shamima Daughter of Dokhtar Dastgir Khan, Wife of Abdul Ohid
                 Khan@ Abdul Wahid R/o Village - Chandauli, P.S. - Aandar, District -
                 Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ravi Ranjan
                 For the Opposite Party/s :     Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   09-03-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 1547 of 2022 for the offence under

                   Sections 498(A) of the Indian Penal Code 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.72575 of 2025(4) dt.09-03-2026
                                            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,

          Siwan/concerned Court below in connection with Complaint

          Case No. 1547 of 2022 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      March     2026      to    the
                                  complainant/informant. The maintenance for the
                                  month of March 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.72575 of 2025(4) dt.09-03-2026
                                                        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, Saran through FAX for its

                      compliance forthwith.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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