Patna High Court
Mirtunjay Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is to be granted to the petitioners.
Summary
The petitioners – Mirtunjay Kumar, Upendra Sharma and Bebi Devi – applied for anticipatory bail fearing arrest in Complaint No. 802 of 2024, which alleges offences under several IPC sections (341, 323, 498A, 379, 504, 506, 34) and Section 3 of the Dowry Prohibition Act. They contend they are innocent, are relatives of the victim, and point out that the victim’s husband has already been granted regular bail. The State, represented by an APP, opposed the anticipatory bail, arguing the seriousness of the charges. The Court, relying on the Supreme Court’s guidelines in *Arnesh Kumar v. State of Bihar* (2014 8 SCC 273), held that anticipatory bail could be granted subject to conditions. Accordingly, the petitioners were ordered to furnish a bail bond of Rs 10,000 with two sureties each, subject to Section 438(2) of the CrPC and Section 482 of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 379, 498A, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Dowry Prohibition Act
- Criminal Procedure Code
- bail jurisprudence
- relatives of victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66747 of 2025
Arising Out of PS. Case No.-802 Year-2024 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
1. Mirtunjay Kumar @ Chhotu son of Upendra Sharma Resident of Village-
Ekwari, ps- Sahar, Dist- Bhojpur
2. Upendra Sharma son of Late Parasnath Sharma Resident of Village- Ekwari,
ps- Sahar, Dist- Bhojpur
3. Bebi Devi Wife of Upendra Sharma Resident of Village- Ekwari, ps- Sahar,
Dist- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Swati Priya @ Binni wife of Sonu Kumar Resident of Village- Ekwari, ps-
Sahar, Dist- Bhojpur Presently Resident of Village- Lodipur, Ps- Chandi,
Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Bhojpur Complaint Case No. 802 of 2024
registered for the offence under Sections 341, 323, 498(A), 379,
504, 506, 34 of the Indian Penal Code and Section ¾ of Dowry
Prohibition Act.
3. As per the prosecution case, petitioners are
alleged to have assaulted the victim.
Patna High Court CR. MISC. No.66747 of 2025(4) dt.23-02-2026
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4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
petitioners are father-in-law, mother-in-law and brother-in-law
of the victim. It is lastly submitted that the husband of the
victim has been granted regular bail by the court below.
Petitioner no. 3 has clean antecedent and petitioner nos. 1 and 2
has one clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant have jointly opposed the prayer for
anticipatory bail of the petitioners.
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 petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate -1st Class, Bhojpur at Ara/ concerned Court below in
Patna High Court CR. MISC. No.66747 of 2025(4) dt.23-02-2026
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connection with Bhojpur Complaint Case No. 802 of 2024,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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