Created by Fuzzy Cloud

Patna High Court

Horen SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, granting it subject to bail bond, sureties, and maintenance conditions.

Summary

Horen Sharma applied for anticipatory bail after learning of his impending arrest in a dowry‑related case (Barsoi P.S. Case No. 138 of 2017) under Sections 498A/34 of the IPC and Section 4 of the Dowry Prohibition Act. The prosecution alleged that he assaulted the victim to demand dowry, while the petitioner claimed he was falsely implicated. The State opposed the bail application. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the High Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions under Section 438(2) CrPC and Section 482 CrPC. The order also imposed a maintenance payment of Rs.5,000 per month to the informant, subject to any pending maintenance proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry harassment case.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498A
  • Dowry Prohibition Act
  • maintenance order
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56027 of 2025
                        Arising Out of PS. Case No.-138 Year-2017 Thana- BARSOI District- Katihar
                 ======================================================
                 Horen Sharma S/o- Kailash Sharma Resident of Village-Aalepur PS- Barsoi,
                 Dist- Katihar

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Chameli Devi W/o- Horen Sharma Resident of Village-Aalepur PS- Barsoin
                 (Sudhani), Dist- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raghvendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.    The      petitioner      apprehends         his    arrest     in

                   connection with Barsoi (Sudhani) P.S. Case No. 138 of 2017

                   for the offences under Sections 498(A)/ 34 of I.P.C. and under

                   Section 4 of the Dowry Prohibition 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.
Patna High Court CR. MISC. No.56027 of 2025(4) dt.20-02-2026
                                            2/3




                       5. Learned counsel for the State 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 six

          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 court of Chief

          Judicial Magistrate, Katihar /concerned Court below in

          connection with Barsoi P.S. Case No. 138 of 2017, 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. 5,000/- from the

          month of February, 2026 to the informant and the maintenance

          for the month of February, 2026 shall be paid to the informant

          before 25.02.2026 and thereafter the maintenance amount from

          the month of March, 2026 shall be paid to the informant every
              Patna High Court CR. MISC. No.56027 of 2025(4) dt.20-02-2026
                                                          3/3




                        month before the 10th day of the month.

                                     9. It is made clear that the aforesaid maintenance

                        order will be subject to the outcome of any order of concerned

                        Court below passed in maintenance proceedings, if any.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.