Patna High Court
Atiullah AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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/-
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