Patna High Court
Abdul Ohid Khan @ Abdul WahidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
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
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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
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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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