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Patna High CourtCR. MISC./90908/2025bail granted

Irfan Alam v. The State Of Bihar

2026-01-28Mr. Justice Sandeep Kumar3 pages

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 VillageDihiya, 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.SG.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 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 3⁄4 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 10th 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