Patna High Court

Md. Oquais Salik @ OquaisversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The court allowed the anticipatory bail application, granting bail subject to bond, surety and maintenance conditions.

Summary

The petitioner, Md. Oquais Salik, sought anticipatory bail fearing arrest in a dowry‑related complaint (Kishanganj Complaint No. 97 of 2025) alleging torture, abuse and assault under Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the Domestic Violence Act. The prosecution alleged that the petitioner, husband of the complainant, had driven her out of the matrimonial home for non‑payment of dowry. The petitioner, a junior engineer, contended his innocence and highlighted an ongoing maintenance order fixed by the Family Court. The State opposed bail, but the court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, granted anticipatory bail subject to bond and surety conditions and compliance with Section 482(2) of the BNSS. The court also directed the petitioner to continue paying maintenance, warning that non‑compliance could lead to cancellation of bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the allegations under Section 85 BNSS and the DP Act
Whether the petitioner’s alleged dowry‑related offences warrant denial of bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 482(2), 85
Domestic Violence Act — s. ¾

Subjects

anticipatory bail
dowry harassment
domestic violence
Section 85 BNSS
Section 482(2) BNSS
maintenance order
family court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88677 of 2025
                 Arising Out of PS. Case No.-97 Year-2025 Thana- COMPLAINT CASE District- Kishanganj
                 ======================================================
                 Md. Oquais Salik @ Oquais S/o Md. Quamrul Huda Resident of - Bidhayak
                 Colony, P.S - Katihar, District - Katihar

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Tabassum Rabeta W/o Md. Oquais Salik @ Oquais Resident of - Bidhayak
                 Colony, P.S - Katihar, District - Katihar Present Address - D/o Jamal Akhtar,
                 R/o - Loharpatti, Near - Kishan Bakery, Motibag, Karbala, P.S - Kishanganj,
                 District - Kishanganj, Pin - 855107

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

2   15-01-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Kishanganj Complaint Case No. 97 of 2025 filed for offences

                   under Sections 85 of the Bharatiya Nyaya Sanhita, 2023 and

                   Section ¾ of the DP Act.

                                3. As per the prosecution case, the petitioner is alleged

                   to have tortured, abused and assaulted the victim and ousted her

                   from her matrimonial house due to non-fulfillment of demand of

                   dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.
Patna High Court CR. MISC. No.88677 of 2025(2) dt.15-01-2026
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          He further submits that the petitioner is the husband of the

          complainant.

                       5. The learned counsel for the petitioner has informed

          this Court that the petitioner is a Junior Engineer and some

          maintenance amount has been fixed by the Principal Judge,

          Family Court, Kishanganj.

                       6. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       7. Considering the laid down by the Hon’ble Supreme

          Court in the case of Arnesh Kumar V/s State of Bihar & Anr,

          (2014) 8 SCC 273, this application for anticipatory bail stands

          allowed.

                       8. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of learned S.D.J.M,

          Kishanganj/concerned           Court      below      in   connection   with

          Kishanganj Complaint Case No. 97 of 2025 subject to the

          conditions as laid down under Section 482(2) of the BNSS.

                       9. The petitioner is directed to continue paying the

          maintenance regularly as fixed by the Principal Judge Family
            Patna High Court CR. MISC. No.88677 of 2025(2) dt.15-01-2026
                                                        3/3




                      Court, Kishganj, failing which the Court below shall be at

                      liberty to cancel the bail bonds of the petitioner.



                                                                     (Sandeep Kumar, J)
Shishir/-

U       T

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