Created by Fuzzy Cloud

Patna High Court

Md. AshrafversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.90069 of 2025(3) dt.27-02-2026
                                            2/3




                       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
              Patna High Court CR. MISC. No.90069 of 2025(3) dt.27-02-2026
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.