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Patna High Court

Irfan AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner with conditions, following the Arnesh Kumar guidelines.

Summary

The petitioner, Irfan Alam, sought anticipatory bail fearing arrest in a dowry‑related assault case (Mahila P.S. Case No. 49 of 2025) filed under Section 85 of the BNS and the Dowry Prohibition Act. The prosecution alleged that he, along with others, assaulted the victim to demand dowry. The petitioner claimed innocence and pleaded for relief, while the informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail subject to a bail bond, sureties, and a maintenance order in favour of the informant. The order also stipulated that the maintenance condition would be subject to any pending family court proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 of the BNSS in a dowry‑related assault case.
  • Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to the present case.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 438 CrPC
  • Section 85 BNS
  • maintenance order
  • Arnesh Kumar guidelines

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90908 of 2025
                      Arising Out of PS. Case No.-49 Year-2025 Thana- MAHILA P.S. District- Siwan
                 ======================================================
                 Irfan Alam S/o Kamruddin Ahmad @ Kamaruddin Mansuri R/o Village-
                 Dihiya, P.S- G.B. Nagar, Dist- Siwan.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Heena Kaushar W/o Irfan Alam, D/o Md. Aslam R/o Village- Dihiya, P.S-
                 G.B. Nagar, Dist- Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Achintya Anand
                 For the Opposite Party/s :        Mr.Bharat Lal
                 ======================================================
                 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 Mahila P.S. Case No. 49 of 2025 registered for

                   the offence under Sections 85 of the BNS and under Sections ¾

                   of the D.P. 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 implicated in this case.
Patna High Court CR. MISC. No.90908 of 2025(2) dt.28-01-2026
                                            2/3




                          5. Learned counsel for the informant 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

          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 SDJM,

          Siwan/concerned Court below in connection with Mahila P.S.

          Case No. 49 of 2025, 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 January, 2026 to the informant and the maintenance

          for the month of January, 2026 shall be paid to the informant

          before 03.02.2026 and thereafter the maintenance amount shall

          be paid to the informant every month before the 10 th day of the
          Patna High Court CR. MISC. No.90908 of 2025(2) dt.28-01-2026
                                                      3/3




                    month.

                                    9. It is made clear that the order of maintenance

                    passed by this Court shall be subject to the outcome of

                    maintenance case of the Court of Principal Judge, Family Court

                    concerned, if any.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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