Patna High Court
Santosh Kumar @ Santosh SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to bail bond, sureties and a maintenance payment condition.
Summary
Santosh Kumar sought anticipatory bail after the police registered a complaint (Case No. 119C of 2023) alleging his involvement in assault, torture, and dowry harassment under IPC sections 323, 341, 504, 498A and Section 3 of the Dowry Prohibition Act. The petitioner claimed innocence and feared arrest. The informant opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, directing the petitioner to furnish a Rs.10,000 bail bond with two sureties and to comply with Section 438(2) of the CrPC and Section 482 of the Code. The court also imposed a condition that the petitioner pay a monthly maintenance of Rs.10,000 to the informant, starting January 2026. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the complaint.
- Whether the guidelines laid down in Arnesh Kumar v. State of Bihar are applicable to this case.
- What conditions, if any, may be imposed while granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- maintenance order
- Criminal Procedure Code
- Arnesh Kumar guidelines
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43389 of 2025
Arising Out of PS. Case No.-119 Year-2023 Thana- COMPLAINT CASE - BIRPUR District-
Supaul
======================================================
Santosh Kumar @ Santosh Sharma Son of Shri Bechan Sharma Village and
Po- Parsa, ward no 05, PS -kishanpur, District -supaul
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Rekha Kumari Wife of Santosh Kumar @ Santosh Sharma Village and Po-
Parsa, ward no 05, PS -kishanpur, District -supaul Present Daughter of Baua
sharma, village- Ratanpur, Ward no. 7, Ps- Ratanpura, Dist- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat
For the Opposite Party/s : Mr.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 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. 119C of 2023 registered
for the offence under Sections 323, 341, 504, 498A of the Indian
Penal Code and under Section ¾ of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry and the accused persons have also ousted the
victim from her matrimonial home.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.43389 of 2025(5) dt.21-01-2026
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been 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
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,
Birpur, Supaul/concerned Court below in connection with
Complaint Case No. 119C of 2023, 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 31.01.2026 and thereafter the maintenance amount shall
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be paid to the informant every month before the 10 th day of the
month.
(Sandeep Kumar, J)
Vikas/-
U
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