Patna High Court
Horen SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 34, 498A
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.
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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
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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
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