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Patna High Court

Rajan Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bond and sureties.

Summary

Rajan Kumar Sharma was named in a 2020 complaint alleging cruelty and dowry harassment under IPC sections 498‑A, 323, 341 and 506. He contended that his wife habitually files false criminal cases and that an earlier police case (Bodh‑Gaya PS Case No.398 of 2020) was closed with a closure report. The marriage had been declared null and void by the Family Court, Hazaribagh (Original Suit No.175/2020) and Sharma had paid a one‑time alimony of Rs 5 lakhs as ordered. The State opposed his anticipatory bail. The court, noting the nullity of the marriage, the prior closure report and the fulfilment of the alimony decree, directed that Sharma be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under CrPC 438(2) and BNSS 482(2).

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the pending complaint under IPC sections 498‑A, 323, 341 and 506.
  • Whether the prior closure report and the nullity of marriage affect the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • marriage nullity
  • alimony
  • Criminal Procedure Code
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59924 of 2024
                  Arising Out of PS. Case No.-1020 Year-2020 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Rajan Kumar Sharma, S/o Bharat Bhushan Sharma, R/o Village-Rewali, P.S-
                 Katkamdag, District- Hazaribag, Jharkhand.
                                                                         ... ... Petitioner
                                                   Versus
           1.     The State of Bihar
           2.     Sweta Kumari @ Kumari Lakshmi, W/o Rajan Kumar Sharma, D/o Late
                  Dinesh Kumar, R/o Village- Rewali, P.S- Katkamdag, District- Hazaribag,
                  Jharkhand and at present R/o Mohalla- Q. No. 2, 3rd Floor, Beside of M.K.
                  Plaza Hotel, Dumahan Chowk, P.S.- Bodh Gaya, Distt.- Gaya.
                                                                      ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Dr. Kamal Deo Sharma, APP
                 For the Opposite Party/s :      Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   03-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the complaint

                   petition and apprehending his arrest in connection with

                   Complaint Case No.1020 of 2020 in which cognizance has

                   been taken for the offences punishable under Sections 498-A,

                   323, 341 and 506 of the Indian Penal Code.

                                3. Allegation against petitioner is to commit mental

                   and physical cruelty upon informant due to non-fulfilment of

                   demand of dowry as raised for cash of Rs.5 lakhs.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.59924 of 2024(5) dt.03-02-2026
                                            2/3




          petitioner that wife of petitioner is under habit to file false

          criminal cases and, therefore, for similar set of allegation, she

          already lodged police case, which was registered as Bodh-Gaya

          P.S. Case No.398 of 2020 dated 11.11.2020 where after,

          investigation, the police submitted closure report against

          petitioner. It is submitted that considering the aforesaid fact,

          for the same set of occurrence, the present complaint case was

          lodged. It is pointed out that the marriage of complainant with

          petitioner was declared null and void in terms of order dated

          11.05.2023 as passed in Original Suit No.175/2020 by

          learned Principal Judge, Family Court, Hazaribagh, where the

          petitioner was directed to pay one-time permanent alimony of

          Rs.5 lakhs to the informant and in compliance of same, the

          petitioner has deposited bank draft of Rs.5 lakhs on

          23.05.2023 before the court concerned, whereafter the decree

          qua declaring the marriage of petitioner null and void with

          complainant was drawn. It is further submitted that aforesaid

          order was not challenged before higher forum and, therefore,

          same appears accepted by the complainant.

                       5. Learned APP opposed the prayer of anticipatory

          bail.
                Patna High Court CR. MISC. No.59924 of 2024(5) dt.03-02-2026
                                                            3/3




                                       6. Despite repeated calls, none appeared on behalf

                          of complainant/O.P. No.2 to join the present proceeding.

                                       7. In view of aforesaid factual submissions and by

                          taking note of fact as the marriage of complainant declared

                          null and void with petitioner in terms of judicial order, as

                          mentioned aforesaid, accordingly, the petitioner, above-

                          named, in the event of his arrest or surrender in the court

                          below within a period of four weeks from today, is directed to

                          be released on bail on furnishing bail bond of Rs.10,000/-

                          (Rupees Ten Thousand) with two sureties of the like amount

                          each to the satisfaction of the learned Chief Judicial

                          Magistrate, Gaya in connection with Complaint Case No.1020

                          of 2020, subject to the conditions as laid down under Section

                          438(2) of the Code of Criminal Procedure (in short

                          ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik Suraksha

                          Sanhita, 2023 (in short ‘BNSS’).


                                                                   (Chandra Shekhar Jha, J.)
    Sanjeet/-

U        T


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