Patna High Court
Manish Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail should be granted, subject to conditions, in accordance with the Arnesh Kumar principles.
Summary
Manish Kumar Sharma applied for anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 1995 of 2022) under IPC Section 498A read with Section 4 of the Dowry Prohibition Act. The State opposed the bail, alleging the petitioner assaulted the complainant to demand dowry. The petitioner claimed innocence and a clean record. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail with a bond of Rs.10,000 and two sureties, and imposed a monthly maintenance payment of Rs.5,000 to the complainant, subject to family court outcomes. The order also warned that breach of conditions could lead to cancellation of bail. The court communicated the order to the District & Sessions Judge for compliance.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to grant anticipatory bail in this context.
- Whether the court can impose a maintenance obligation on the petitioner as a condition of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- maintenance order
- Arnesh Kumar precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50760 of 2025
Arising Out of PS. Case No.-1995 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Manish Kumar Sharma S/o Shivnath Sharma Resident of Village- Marachi
Vikhan Chak Tola, P.S.- Bachwara, District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sushila Kumari W/o Manish Kumar Sharma and D/o- Yogendra Sharma
Resident of Village- Angarghat, P.S.- Angarghat, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
For the State : Mr. Damodar Prasad Tiwary, APP
For the O.P. No. 2 : Mr. Manish Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 1995 of 2022 registered for the
offence under Section 498(A) of the I.P.C. read with Section 4
of the D.P. Act.
3. As per the prosecution case, the petitioner is
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
implicated in this case. The petitioner bears clean antecedent.
Patna High Court CR. MISC. No.50760 of 2025(4) dt.18-06-2026
2/3
5. Learned APP for the State 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 for 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 anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with Complaint Case No. 1995 of 2022, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S. and with further condition that:
(i). The petitioner is directed to pay a
maintenance amount of Rs.5,000/- from the
month of June 2026 to the
complainant/informant. The maintenance for the
month of June 2026 shall be paid to the
complainant/informant within ten days from
today, and thereafter, the maintenance amount
shall be paid to the complainant/informant
every month before the 10th day of each month.
Patna High Court CR. MISC. No.50760 of 2025(4) dt.18-06-2026
3/3
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of the
maintenance case in the Court of learned Principal Judge,
Family Court concerned, if any.
9. Needless to state that, if the petitioner fails to abide
by the terms and conditions, as stated hereinabove, the State
shall be at liberty to file an appropriate application, before the
learned concerned Court below for cancellation of bail granted
to the petitioner.
10. Let a copy of this order be communicated to the
learned Principal District & Sessions Judge, Samastipur through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
sadique/-
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