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Patna High Court

Bibhash Ranjan SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    Principal District and Sessions Judge, Katihar through FAX for

                    its compliance.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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