Patna High Court
Md. AfrojversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is warranted and granted it with specified conditions, following the precedent set by Arnesh Kumar v. State of Bihar.
Summary
The petitioner, Md. Afroj, was implicated in a dowry harassment complaint (Case No. 49 of 2024) alleging offences under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He applied for anticipatory bail, claiming innocence and false implication. The State opposed the application. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the High Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The court also imposed a maintenance obligation of Rs.10,000 per month to be paid to the informant. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in the context of a dowry harassment case.
- Whether the Supreme Court precedent in Arnesh Kumar v. State of Bihar is applicable to the present case.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- Dowry Prohibition Act
- Criminal Procedure Code
- maintenance order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73095 of 2025
Arising Out of PS. Case No.-49 Year-2024 Thana- SAHARSA COMPLAINT CASE District-
Saharsa
======================================================
Md. Afroj S/O Md Masleuddin Resident of Village- Araghat, P.S.- Mahishi
(Jalai OP), District- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Darkhasha Parvin W/O Md. Afroj, D/O Late Haidar Ali Resident of Village-
Araghat, P.S.- Mahishi (Jalai OP), District- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Prasad Singh, Advocate
For the State : Mr.Meena Singh, APP
======================================================
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. 49 of 2024 registered for
the offence under Sections 498(A) of the Indian Penal Code and
Section 3/4 of the Dowry Prohibition 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 implicated in this case.
Patna High Court CR. MISC. No.73095 of 2025(3) dt.21-01-2026
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5. Learned counsel for the informant has opposed
the application of the petitioner.
6 . Considering 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
four 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, Saharsa/concerned Court below
in connection with Complaint Case No. 49 of 2024, 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. 10,000/- 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 the maintenance amount shall
be paid to the informant every month before the 10 th day of the
Patna High Court CR. MISC. No.73095 of 2025(3) dt.21-01-2026
3/3
month.
(Sandeep Kumar, J)
P. Kumar
U T
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