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Patna High Court

Atiullah AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is appropriate in the present case, subject to bail bond, sureties and a maintenance order, in accordance with the principles laid down in Arnesh Kumar v. State of Bihar.

Summary

The petitioner, Atiullah Ansari, applied for anticipatory bail fearing arrest in a dowry harassment case filed under Section 85 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and others assaulted the victim to demand dowry. The petitioner pleaded innocence and sought relief, while the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and ordering the petitioner to pay monthly maintenance of Rs.15,000 to the informant and her children. The Court also directed compliance with a pending family‑court maintenance case and ordered a compliance report after three months. The order was communicated to the District & Sessions Judge for enforcement.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the CrPC and Section 482 of the BNSS in a dowry‑harassment case under Section 85 of the BNSS.
  • Whether the petitioner is likely to be arrested and thus entitled to anticipatory bail.
  • What conditions, including maintenance obligations, may be imposed on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 85 BNSS
  • maintenance order
  • Arnesh Kumar principle
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90813 of 2025
                  Arising Out of PS. Case No.-2259 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Atiullah Ansari S/O Reyazul Ansari R/O Village- Bhela Chapra, P.S-
                 Turkauliya, Distt.- East Champaran.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Robina Khatoon D/O Md. Rahman R/O Village- Rupni Pandey, P.S- Patahi,
                 Distt.- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Abhishek Kumar
                 For the Opposite Party/s :    Mr .Renuka Ratnakar (App 125)
                 For the O.P. No. 2       :    Mr. Anil Kumar
                                               Mr. Shamir Mehra
                                               Mr. Rajeev Ranjan Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 2259 of 2024 in which cognizance has

                   been taken under Section 85 of the Bharatiya Nyaya Sanhita,

                   2023.

                                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.90813 of 2025(2) dt.28-01-2026
                                            2/3




          implicated in this case.

                       5. Learned counsel for the informant 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 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 four

          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 Judicial

          Magistrate, 1st Class, East Champaran, Motihari/concerned

          Court below in connection with Complaint Case No. 2259 of

          2024 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. 15,000/-
                                  from the month of January 2026 to the
                                  informant and her two children and the
                                  maintenance for the month of January 2026
                                  shall be paid to the informant before
            Patna High Court CR. MISC. No.90813 of 2025(2) dt.28-01-2026
                                                        3/3




                                              31.01.2026 and thereafter the maintenance
                                              amount shall be paid to the informant every
                                              month before the 10th day of the month. The
                                              maintenance fixed above shall be subject to
                                              the result of any maintenance order passed
                                              by the Principal Judge, Family Court, East
                                              Champaran Motihari.
                                   8. The husband is directed to appear in the

                      Maintenance Case No. 473 of 2024 pending in the Court of

                      Principal Judge, Family Court, East Champaran, Motihari, if he

                      has not appeared, within two weeks and the Court below is

                      directed to dispose of the Maintenance Case No. 473 of 2024

                      within three months from the date of receipt/communication of

                      a copy of this order. The Court below shall send a compliance

                      report to this Court after three months.

                                   9. Re-list this case after three months awaiting the

                      compliance report.

                                   10. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, East Champaran, Motihari

                      through FAX for its compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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