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Patna High Court

Manish Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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