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Patna High Court

Sanjay SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to a bail bond and conditions under Section 482(2) of the B.N.S.S. 2023.

Summary

The petitioners, father‑in‑law and mother‑in‑law of the complainant, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 433 of 2024) alleging offences under IPC sections 380, 354, 354A, 406, 498A and the Dowry Prohibition Act. The complaint alleged that the petitioners demanded Rs.20 lakh and a SUV as dowry and, upon non‑payment, tortured the complainant. The petitioners contended that the case was false, arising from a marital dispute, and that they had not committed any offence. The court, noting the general and omnibus nature of the allegations and the petitioners' familial relationship to the complainant, was inclined to grant anticipatory bail. Accordingly, the court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners in view of the allegations under IPC sections 380, 354, 354A, 406, 498A and the Dowry Prohibition Act.
  • Whether the allegations constitute a sufficient ground to deny anticipatory bail under Section 438 CrPC and Section 482(2) of the B.N.S.S. 2023.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC
  • Section 498A
  • Section 406
  • Section 354
  • Section 354A
  • Section 380
  • Dowry Prohibition Act
  • B.N.S.S. 2023
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10881 of 2026
                  Arising Out of PS. Case No.-433 Year-2024 Thana- DARBHANGA COMPLAINT CASE
                                                   District- Darbhanga
                 ======================================================
           1.     Sanjay Sharma S/o Late Rameshwar Lal Sharma R/o Village / Mohalla -
                  Plot no. 2,3 ,Near - Plot no.77 and 37, Samrat Nagar, West Mairedpali,
                  Sikandrabad, District - Hyderabad, State - Telangana
           2.    Anju Sharma W/o Sanjay Sharma R/o Village / Mohalla - Plot no. 2,3 ,Near
                 - Plot no.77 and 37, Samrat Nagar, West Mairedpali, Sikandrabad, District -
                 Hyderabad, State - Telangana

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Nidhi Sharma W/o Vishal Sharma D/o Binod Kumar Sharma, R/o Village /
                 Mohalla - House No. 188, Ward No. 10, Gandhi Chouk, Lal Bag, P.S -
                 Nagar, District - Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Rajeev Ranjan
                 For the Opposite Party/s :    Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   30-04-2026                  1. Heard the parties.

                                2. The petitioners apprehend their arrest in connection

                   with Complaint Case No. 433 of 2024 registered under Section

                   380, 354, 354A, 406, 498A of the I.P.C. and Section ¾ of the

                   D.P. Act in which cognizance has been taken under Section

                   498(A), 406, 34 of the I.P.C.

                                3. As per the complaint marriage of the complainant

                   was solemnized on 09.02.2022 with the co-accused Vishal

                   Sharma (son of the petitioners) as per Hindu rites and rituals at

                   Hyderabad. It is alleged that some time after marriage the
Patna High Court CR. MISC. No.10881 of 2026(3) dt.30-04-2026
                                            2/3




          accused persons, including the petitioners, who are the in-laws

          of the complainant, started demanding cash of Rs. 20,00,000/-

          and a SUV car as dowry and due to non fulfillment of the

          demand, the accused persons started torturing the complainant

          physically and mentally.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have not committed any

          offence in the manner alleged. The petitioner no. 1 is the father-

          in-law and petitioner no. 2 is the mother-in-law of the

          complainant and due to minor dispute between husband and

          wife at the instance of the family of the complainant the present

          false case has been registered against the petitioners. The

          complainant suo motu left the house of the petitioners and she is

          living at her parental home at Darbhanga.

                       5. Regard being had to the submissions made by the

          parties, taking into consideration the fact that petitioners are the

          father-in-law and mother-in-law of the complainant and there is

          general and omnibus allegation against the petitioners,

          accordingly, I am inclined to grant anticipatory bail to the

          petitioners.

                       6. Let the petitioners, above named, be released on

          anticipatory bail in the event of arrest or surrender before the
               Patna High Court CR. MISC. No.10881 of 2026(3) dt.30-04-2026
                                                           3/3




                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

                         with two sureties of the like amount each to the satisfaction of

                         C.J.M., Darbhanga in connection with Complaint Case No. 433

                         of 2024 subject to the condition as laid down under Section 482

                         (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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