Patna High Court
Rajan Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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.
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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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