Patna High Court
Md. Israil @ Md. Israfil @ IsrailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and a maintenance order.
Summary
The petitioner, Md. Israil, sought anticipatory bail fearing arrest in a dowry‑harassment case (Jala P.S. Case No. 168 of 2024) involving offences under the Bharatiya Nyaya Sanhita. The prosecution alleged that he assaulted and tortured the victim to demand dowry. The petitioner pleaded innocence, claiming false implication. The court, relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, held that anticipatory bail was appropriate to prevent unnecessary arrest. Accordingly, the court granted anticipatory bail with a Rs.10,000 bond, two sureties, and imposed a maintenance payment of Rs.6,000 per month to the informant, subject to compliance and the outcome of any maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar regarding unnecessary arrests apply.
- Whether a maintenance payment can be imposed as a condition of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(3), 352, 482, 85, 88
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar principle
- maintenance order
- unnecessary arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82744 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- JALE District- Darbhanga
======================================================
Md. Israil @ Md. Israfil @ Israil S/o Md. Mansoor @ Md. Mansur R/o
Village - Madhopatti, P.S - Kamtaul, District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nagma Anjum D/o Md. Kamre Alam R/o Village - Jale, Ward No. 13, P.S -
Jale, District - Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate
For the State : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner, learned
counsel for the opposite party no. 2- Informant and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Jala P.S. Case No. 168 of 2024 registered for the offence
under Sections 126(2), 115(2), 85, 88, 352, 351(3) and 3(5) of
the Bharatiya Nyaya Sanhita.
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
Patna High Court CR. MISC. No.82744 of 2025(3) dt.13-03-2026
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been implicated in this case.
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 Additional
Judicial Magistrate-1st Darbhanga/concerned Court below in
connection with Jala P.S. Case No. 168 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. 6,000/- 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
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ten days of pronouncement of this order and thereafter the
maintenance amount from the month of April, 2026 shall be
paid to the Informant every month before the 10th 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)
P. Kumar
U T
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