Patna High Court

Sanjay Kumar SharmaversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail is granted to the petitioner with specified conditions.

Summary

The petitioner, Sanjay Kumar Sharma, feared arrest in a criminal case (CA No. 324 of 2023) alleging assault (IPC s.323) and dowry harassment (IPC s.498‑A). He applied for anticipatory bail, claiming innocence and false implication. The State opposed the application. Relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions under Section 438(2) of the CrPC and Section 482. Additionally, the court ordered the petitioner to pay a monthly maintenance of Rs.12,000 to the informant, subject to any further maintenance orders. The order is effective for six weeks from the date of pronouncement.

Issues considered

What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 of the CrPC in view of the allegations under IPC sections 323 and 498‑A?

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482
Indian Penal Code — s. 323, 498-A

Subjects

anticipatory bail
dowry harassment
assault
IPC
CrPC
maintenance order
Section 438
Section 482
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60547 of 2025
                     Arising Out of PS. Case No.-324 Year-2023 Thana- KATIHAR COMPLAINT CASE
                                                      District- Katihar
                 ======================================================
                 Sanjay Kumar Sharma S/o Medi Mistri @ Medi Sharma Resident of Village-
                 Mirjapur Makhdampur, P.S.- Korha, Dist.- Katihar

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Patna
           2.    Rupa Devi W/O Sanjay Kumar Sharma, D/O Ramu Sharma R/O Vill.- Deva
                 Laxmipur, P.S.- Amdapur, Dist.- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Bhola Prasad
                 For the Opposite Party/s :     Mr.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   counsel for the Informant and learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with C.A. No. 324 of 2023 registered for the offence

                   under Sections 323, 498-Aof the Indian Penal Code.

                                   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.

                                   5. Learned counsel for the State has opposed the
Patna High Court CR. MISC. No.60547 of 2025(4) dt.20-02-2026
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          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 Chief Judicial

          Magistrate, Katihar/concerned Court below in connection with

          Trial No. 3155 of 2024 arising out of CA No. 324 of 2023,

          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. 12,000/- from the

          month of February, 2026 to the informant and the maintenance

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

          within ten days of pronouncement of this order and thereafter

          the maintenance amount from the month of March, 2026 shall

          be paid to the informant every month before the 10 th day of the
          Patna High Court CR. MISC. No.60547 of 2025(4) dt.20-02-2026
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                    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)
Vikas/-

U

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