Patna High Court
Amit Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with specific financial and procedural conditions.
Summary
The petitioner, Amit Kumar Sharma, sought anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 1237 of 2024) under sections 115, 124, 85, 314 of the BNS and section 3/4 of the Dowry Prohibition Act. The wife, Rashmi Sharma, alleged torture for dowry and ousting, and the matter was referred to mediation, which failed. The petitioner offered to pay a monthly maintenance of Rs. 8,000 to the wife and children and expressed willingness to continue the marital relationship. The court, after hearing counsel, granted anticipatory bail subject to payment of the maintenance, a cash bail of Rs. 10,000 with two sureties, and several conditions under Section 438(2) of the Cr.P.C. including appearance before the trial court and non‑tampering with witnesses. The order also affirmed the petitioner’s right to visitation of his children.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
- Whether the petitioner’s offer of maintenance and other conditions satisfy the requirements for bail in a dowry harassment case
- Whether the failure of mediation impacts the grant of bail
Legislation cited
- BNS — s. 115, 124, 314, 85
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3/4
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- Section 438 CrPC
- mediation failure
- domestic violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53263 of 2025
Arising Out of PS. Case No.-1237 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Amit Kumar Sharma S/o Shashikant Sharma @ Shashi Kant Rai Resident of
Village- Kamargama Jathmalpur, P.S.- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rashmi Sharma D/o Rabindra Chaudhary Resident of Village- Chakhaider,
P.S.- Chakmehsi, District- Samastipur. At Present- Rashmi Sharma, aged
about 33 years (Female) C/o Arun Kumar Singh, Resident of Village- Ward
No. 9, Krishnapuri behind, B.Ed.College, P.S.- Nagar, District- Samstipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Adv.
For the Opposite Party/s : Mr. Madhav Kumar, Adv.
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 19-03-2026 Heard Mr. Pramod Kumar Singh, learned Counsel
for the petitioner and Mr. Madhav Kumar for the opposite party
no. 2 besides Mr. Jitendra Kumar Singh representing the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 1237 of 2024 for the offence
registered under sections 115, 124, 85, 314 of the BNS and ¾ of
D.P. Act.
3. As per the prosecution story, the marriage of the
opposite party no. 2 took place with the petitioner in the year
2009 but the allegation of torture for dowry is there and finally
the allegation is of ousting.
Patna High Court CR. MISC. No.53263 of 2025(4) dt.19-03-2026
2/4
4. The Co-ordinate Bench has sent the matter to the
Mediation Center but the Mediator’s report dated 17.01.2026
shows that it failed.
5. Learned Counsel for the petitioner submits that he
plies auto at his home place besides helping the father in
agricultural work while the lady has taken the two female child
to Samastipur for better education.
6. Considering the aforesaid fact, on instruction, the
case of the petitioner is that though he is ready to continue with
the marital journey, till they come to an amicable settlement, for
the present, he is ready to pay Rs. 4,000/- to the lady and Rs.
2,000/- each to the two female child (totaling Rs. 8,000/- per
month) which will be paid in her bank account as recorded
under:
A/c No. - 28770110017432
A/c Holder’s Name- Rashmi Sharma
Branch – Kalyanpur
IFSC No. - UCBA0002877
7. Learned counsel for the opposite party no. 2
submits that though she has been tortured, for the present, the
petitioner has shown his inclination to continue with the marital
journey and is further ready to take care, she do not have any
objection, if relief is granted.
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8. In that background, considering the aforesaid fact,
as recorded, this Court is inclined to grant him the anticipatory
bail with conditions subject to payment of Rs. 4,000/- to the
lady and Rs. 2,000/- each to the two female child (totaling Rs.
8,000/- per month).
9. If the petitioner fails to abide by the undertaking
given above, the opposite party no. 2 shall be free to take steps
in accordance with law for the cancellation of the bail bond.
10. Let the petitioner in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Samastipur, District-Samastipur
in connection with Complaint Case No. 1237 of 2024 subject to
condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
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dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
11. Needless to add, the petitioner being the father of
the two children, he must have visitation right at least every
fortnight, if he so wants.
(Rajiv Roy, J)
Vijay Singh/-
U T
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