Patna High Court
Md. AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, granting it with specified conditions.
Summary
The petitioner, Md. Ali, was implicated in a complaint alleging assault and torture of a victim to demand Rs. 50,000 and a car as dowry. He applied for anticipatory bail, asserting innocence and claiming no specific dowry demand was alleged against him, and highlighted his clean antecedents. The State opposed the bail. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail under Section 438 of the CrPC and Section 482 of the BNSS, subject to a bail bond, sureties, and a condition to pay monthly maintenance to the complainant. The order also stipulated that failure to comply could lead to cancellation of bail, and that the maintenance direction is subject to any family court proceedings. The order was communicated to the District & Sessions Judge for implementation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS.
- Whether the allegations under the BNSS sections constitute a case where bail can be denied.
- Whether the Supreme Court's directives in Arnesh Kumar v. State of Bihar are applicable to this case.
- Whether the petitioner can be conditioned to pay maintenance to the complainant as part of bail.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 115(2), 118(1), 178, 3(5), 35(1)(3), 482(2), 85
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- dowry harassment
- assault
- maintenance order
- Section 438 CrPC
- Section 482 BNSS
- Arnesh Kumar precedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90595 of 2025
Arising Out of PS. Case No.-11109 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Md. Ali S/o Md. Khalil R/o Harun Nagar, Sector 2, P.s.- Phulwarisharif,
Patna, Presently residing at Mohalla - Alwa Colony, Near Masjid International
School, P.s.- Phulwarisharif, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ruksar Parveen @ Ruksana W/o Md. Ali, D/o Late Md. Musha R/o Pnn
(Jala Hua Makan), D/o Mohalla- Road no. 6, Near Gardanibagh Hosopital,
P.s.- Gardanibagh, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar
For the Opposite Party/s : Mr. Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 11109(c) of 2024, for the offence
under Sections 115(2), 118(1), 178, 3(5), 35(1)(3) of the B.N.S.
and cognizance has been taken u/s 85 read with section 3(5) of
the B.N.S.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of Rs. 50,000/- and a car as a 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.90595 of 2025(3) dt.26-02-2026
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implicated in this case. He further submits that there is no
specific allegation against the petitioner of demand of dowry.
Petitioner has clean antecedent.
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 J.M.F.C.-
XIV, Civil Court, Patna,/concerned Court below in connection
with Complaint Case No. 11109 of 2024, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482(2) of the BNSS and with further
condition that:
(I). The petitioner is directed to pay a
maintenance amount of Rs. 10,000/- from the
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month of February 2026 to the complainant
/informant. The maintenance for the month of
February 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 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, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Ranjeet/-
U T
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