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Patna High Court

Md. Rahmat @ RahmatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail must be granted, subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482, and may be conditioned on payment of maintenance.

Summary

The petitioner, Md. Rahmat, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 64C of 2023) alleging offences under IPC sections 504, 506, 34, 323, 341 and 498‑A. He claimed innocence and that the allegations were false, while the State and the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court examined whether the seriousness of the charges warranted denial of bail. The Court granted anticipatory bail, directing the petitioner to surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) CrPC and Section 482. Additionally, the Court imposed a maintenance obligation of Rs.9,000 per month to the informant, with non‑payment leading to cancellation of bail. The order is subject to any further maintenance proceedings by the lower court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the IPC.
  • Whether the Court can condition anticipatory bail on the payment of maintenance to the informant.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80598 of 2025
                 Arising Out of PS. Case No.-64 Year-2023 Thana- COMPLAINT CASE District- Kishanganj
                 ======================================================
                 Md. Rahmat @ Rahmat S/o Abul Hussain Resident of Fulbari, P.S.-
                 Terhagachh, District- Kishanganj

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Shabana Khatun W/o Md. Rahmat @ Rahmat R/o Fulbari, P.S.- Tedhagach,
                 Distt.- Kishanganj, Presently R/o vill - Haruadonga, P.s.- Dighalbank, Distt.-
                 Kishanganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Kumar
                 For the Opposite Party/s :      Mr.Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                    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. 64C of 2023 registered for the offence

                   under Sections 504, 506, 34, 323, 341, 498-A of the Indian

                   Penal Code.

                                   3. As per the prosecution case, the petitioner is

                   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.80598 of 2025(4) dt.10-03-2026
                                            2/3




                          5. Learned counsel for the State and learned

          counsel for the informant has opposed the application of the

          petitioner.

                          6. Considering the aforesaid facts along with 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

          six 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, Kishanganj/concerned Court

          below in connection with Complaint Case No. 64C of 2023,

          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. 9,000/- from the

          month of March, 2026 to the informant and the maintenance for

          the month of March, 2026 shall be paid to the informant within

          ten days of pronouncement of this order and thereafter the
          Patna High Court CR. MISC. No.80598 of 2025(4) dt.10-03-2026
                                                      3/3




                    maintenance amount from the month of April, 2026 shall be

                    paid to the informant every month before the 10 th day of the

                    month and if the petitioner fails to pay the maintenance amount

                    to the opposite party no. 02 then his bail bonds shall be

                    cancelled by the Court below.

                                    9. It is made clear that the aforesaid maintenance

                    order will be subject to the outcome of any order of concerned

                    Court below passed in maintenance proceedings, if any.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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