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Patna High Court

Md. AfrojversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




                          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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