Atiullah Ansari v. The State Of Bihar

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.STurkauliya, 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 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 2/3 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

Patna High Court CR. MISC. No.90813 of 2025(2) dt.28-01-2026 3/3 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/- U T