Patna High Court
Umesh Sharma @ UmeshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is appropriate and granted it with specified conditions, applying the Arnesh Kumar principles.
Summary
Umesh Sharma applied for anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 1223 of 2023) under Section 498-A IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged he assaulted and tortured the victim to demand dowry. The petitioner pleaded innocence and sought protection from arrest. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail under Section 438 CrPC, subject to a bail bond of Rs.10,000, two sureties, and a monthly maintenance payment of Rs.7,000 to the informant. The order also stipulated that failure to pay maintenance would lead to cancellation of bail. The bail was ordered to be released within six weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case involving alleged offences under Section 498-A IPC and Section 3 of the Dowry Prohibition Act.
- Whether the conditions imposed, including a maintenance payment, are permissible as part of anticipatory bail.
- Application of the principles laid down in Arnesh Kumar v. State of Bihar regarding arrest and bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498-A
Subjects
- anticipatory bail
- dowry harassment
- Section 498-A IPC
- Dowry Prohibition Act
- maintenance order
- Arnesh Kumar precedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65739 of 2025
Arising Out of PS. Case No.-1223 Year-2023 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Umesh Sharma @ Umesh S/O Rajkumar Sharma R/O Village- Dhibar
Adrakichak, P.S.- Fatehpur, District- Gaya, At Present R/O House No. 349B,
Gali No. 07, Sangam Vihar, South Delhi, P.S.- Bana 3 Delhi, District- Nai
Delhi
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. Khusbu Kumari W/O Umesh Sharma, D/O Arjun Sharma R/O Vill.- Raksi
Chhatarpur, P.O.- Lodhwe, P.S.- Faehpur, Dist.- Gaya, At Present R/O Vill.-
Sahaypur, P.S.- Mofassil, Dist.- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyaveer Jha
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 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 Complaint Case No. 1223 of 2023 registered for the
offence under Section 498-A of the Indian Penal Code and
under Section ¾ of the D.P. 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
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been implicated in this case.
5. Learned counsel for the State and learned
counsel for the informant has opposed the application of the
petitioner.
6. Considering the aforesaid facts along with 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 Judicial
Magistrate, 1st Class, Gaya/concerned Court below in
connection with Complaint Case No. 1223 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. 7,000/- from the
month of February, 2026 to the informant and the maintenance
for the month of February, 2026 shall be paid to the informant
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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
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
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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