Amir Arsad @ Amri Arshad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83090 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Amir Arsad @ Amri Arshad Son of Dr. Arshad Ali R/o Village - Hathauda, P.S.- Hussainganj, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Kant, Adv.
:
Mr. Navin Kumar, Adv.
:
Mr. Subhash Kumar Tiwari, Adv.
:
Ms. Karnika, Adv.
:
Ms. Srishti Kumari, Adv.
For the Opposite Party/s :
Mr. Renu Kumari, App.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2026
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 518 of 2024, disclosing offences under Sections 85 of the BNS, 2023 and Section 3 / 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the complainant alleges that after her marriage on 08.07.2023, she was subjected to dowry demands for a four-wheeler by her in-laws, supported by the petitioner. Upon non-fulfilment, she was threatened and subjected to mental and physical cruelty. She also discovered the petitioner's prior marriage and ultimately left her
Patna High Court CR. MISC. No.83090 of 2025(3) dt.29-04-2026 2/3 matrimonial home with police assistance, leading to the filing of the complaint.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that he has been residing and employed in Jeddah, Saudi Arabia, even after the marriage, which is admitted by the complainant. It is next submitted that the petitioner belongs to a financially sound and respectable family, making the allegation of dowry demand improbable. The complainant is alleged to have voluntarily left the matrimonial home due to her own conduct and thereafter instituted the present case with malicious intent. It is also submitted that the allegations are general and omnibus in nature. It is further submitted that Rs. 3,000/- is being paid by the petitioner to the O.P. No. 2 as per the direction of learned Special Judge, Kishanganj, vide order dated 26.05.2025.
5. On the other hand, learned counsel for the complainant vehemently opposes the prayer for and bail and submits that order for mediation was passed dated 11.12.2025 by a Co-ordinate Bench of this Court but the petitioner never appeared for mediation and petitioner is an engineer working in Saudi Arabia on a high pay.
Patna High Court CR. MISC. No.83090 of 2025(3) dt.29-04-2026 3/3
6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of dispute between husband and wife and the fact that the petitioner has been paying a sum of Rs. 3,000/- per month to his wife as per the order of learned Special Judge, Kishanganj, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Sessions Judge, Kishanganj, in connection with Complaint Case No. 518 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T