Patna High Court
Md. Allauddin @ GulabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with specified conditions.
Summary
The petitioner, Md. Allauddin (also known as Gulab), sought anticipatory bail fearing arrest in a Mahila Police Station case alleging dowry‑related offences under several sections of the Dowry Prohibition Act. The prosecution alleged that the petitioner and others assaulted and tortured the victim to demand dowry. The petitioner contended innocence and applied for anticipatory bail under Section 438 of the Code of Criminal Procedure. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and a monthly maintenance payment of Rs.10,000 to the complainant, subject to the family court’s decision. The order also warned that non‑compliance could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a dowry‑harassment case.
- Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to the present case.
Legislation cited
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352, 85
Subjects
- anticipatory bail
- dowry harassment
- Section 438 CrPC
- Arnesh Kumar guidelines
- maintenance order
- Dowry Prohibition Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90369 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- MAHILA P.S. District- Madhubani
======================================================
Md. Allauddin @ Gulab S/o Abul Hasan @ Abdul Hasan R/o Village-
Ramuniya, PS- Bisfi, District- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Gulsan Khaton W/o Md. Allauddin @ Gulab R/o vill - Ramuniya, P.S.-
Bisfi, Distt.- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav
Mr. Rajesh Kumar
Mr.Ravi Prakash
For the Opposite Party/s : Mr.Surendra Prasad Singh
For the O.P. No. 02 : Ms. Minakshi Kumari
Mr. Munish Kumar
Mr. Munna Raj
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 18-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Mahila P.S. Case No. 26 of 2025 for the alleged offence
under Sections 126(2), 115(2), 85, 109, 352, 351(2), 351(3),
3(5) of the DP Act.
3. As per the prosecution case, the petitioner and
others are 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
Patna High Court CR. MISC. No.90369 of 2025(6) dt.18-06-2026
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implicated in this case.
5. Learned APP for the State has opposed the
application of the petitioner.
6. Considering the submission of the parties and in
light 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 for 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 four
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Mahila P.S. Case No. 26 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS and with further condition that:
(I). The petitioner is directed to pay
a maintenance amount of Rs. 10000/- from the
month of June 2026 to the
complainant/informant. The maintenance for the
month of June 2026 shall be paid to the
complainant/informant within ten days from
today, and thereafter, the maintenance amount
shall be paid to the complainant/informant
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every month before the 10th day of each month.
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of the
maintenance case in the Court of Principal Judge, Family Court
concerned, if any.
9. Needless to state that, if the petitioner fails to abide
by the terms and conditions, as stated hereinabove, the State
shall be at liberty to file an appropriate application, before the
learned concerned Court below for cancellation of bail granted
to the petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Madhubani through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Vikas/-
U
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