Patna High Court
Irfan AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Sale (BNS) — s. 85
- Bihar Negotiable Sale (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.