Patna High Court
Md. AshrafversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, following the guidelines of Arnesh Kumar, anticipatory bail may be granted to the petitioner, subject to a bail bond, sureties, and a maintenance condition.
Summary
The petitioner, Md. Ashraf, sought anticipatory bail after being implicated in a complaint alleging assault, torture, and dowry demands under IPC sections 323, 341, 498(A) and Section ¾ of the Dowry Prohibition Act. The State opposed the bail, arguing the seriousness of the offences. Relying on the Supreme Court’s directives 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 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 payable to the informant, subject to any future maintenance order. The bail order is conditioned on surrender within six weeks and compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under IPC and the Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrests and justify bail.
- Whether a maintenance payment can be imposed as a condition of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 341, 498(A)
Subjects
- anticipatory bail
- Section 438 CrPC
- Arnesh Kumar guidelines
- Dowry Prohibition Act
- IPC offences
- maintenance order
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90069 of 2025
Arising Out of PS. Case No.-1396 Year-2023 Thana- COMPLAINT CASE District- Banka
======================================================
Md. Ashraf son of Md. Tajumul Ansari Resident of Village - Dahuwa, P S-
Bonusi District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Yasmin Khatoon Wife of Md. Ashraf Resident of Village - Dahuwa, P
S- Bonusi District- Banka AT P/A- Resident of village- chilmil, Ps- Barahat,
Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Singh, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 1396 of 2023 for the
offences under Sections 323, 341, 498(A) of I.P.C. and under
Section ¾ of the Dowry Prohibition Act.
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.
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5. Learned counsel for the State 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 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 court of S.D.J.M.,
Banka /concerned Court below in connection with Complaint
Case No. 1396 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. 10,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
before 05.03.2026 and thereafter the maintenance amount from
the month of March, 2026 shall be paid to the informant every
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month before the 10th day of the month.
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)
tusharika/-
U T
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