Patna High Court
Bibhash Ranjan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Summary
The petitioner, Bibhash Ranjan Sharma, sought relief fearing arrest in a dowry harassment case (Complaint No. 1308 of 2023) filed under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. The prosecution alleged that he abused and assaulted his wife to demand dowry, while the petitioner contended his innocence and pointed to an interim maintenance order of Rs.5,500 granted by the Family Court in Maintenance Case No. 310 of 2024. The High Court, considering the seriousness of the allegations, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with Section 438(2) of the CrPC and Section 482 of the BNSS. The Court also directed the Family Court to conclude the maintenance proceedings within three months and ordered the petitioner to pay an interim maintenance of Rs.10,000 pending final disposal. The order was communicated to the concerned Sessions Judge for implementation.
Issues considered
- Whether bail should be granted to the petitioner in the pending dowry harassment case under Section 498A IPC and Section 4 D.P. Act.
- Whether the petitioner should be directed to pay interim maintenance pending the conclusion of the family court proceedings.
Legislation cited
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry harassment
- Section 498A
- maintenance
- family court
- interim maintenance
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37238 of 2026
Arising Out of PS. Case No.-1308 Year-2023 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Bibhash Ranjan Sharma Son of Gurudev Prasad Sharma R/o Vishnichak
Chandpur, P.S.- Falka, District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Putul Kumari W/o Bibhash Ranjan Sharma, D/o Rajkumar Das Resident of
Village- Babaiya, P.S.- Hasanganju, Dist.- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajendra Prasad Sah
For the Opposite Party/s : Mr.Pramod Kumar Pandey
For the O.P. No. 02 : Mr. Bhola Prasad
Mr. Indrajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 1308 of 2023 registered
for the offence under Section 498(A) of the Indian Penal Code
and under Section 4 of the D.P. Act.
3. As per the prosecution case, the petitioner is
said to have abused and assaulted his wife 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. He further submits that the
petitioner is also paying a maintenance amount of Rs. 5500/-
Patna High Court CR. MISC. No.37238 of 2026(2) dt.15-06-2026
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which has been ordered by the Court of Principal Judge, Family
Court Katihar in Maintenance Case No. 310 of 2024 as interim
maintenance.
5. Considering the nature of allegation levelled
against the petitioner, this application is allowed.
6. 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 concerned Court
below in connection with Complaint Case No. 1308 of 2023,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
7. The Principal Judge, Family Court, Katihar is
directed to conclude the proceedings of Maintenance Case No.
310 of 2024 within three months from the date of
communication of a copy of this order.
8. Till the disposal of the maintenance case, the
petitioner is directed to pay the interim maintenance of Rs.
10,000/- for maintaining his wife and child which includes Rs.
5500/- as interim maintenance granted by the Court below.
9. Let a copy of this order be communicated to the
Patna High Court CR. MISC. No.37238 of 2026(2) dt.15-06-2026
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Principal District and Sessions Judge, Katihar through FAX for
its compliance.
(Sandeep Kumar, J)
Vikas/-
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