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Patna High Court

Mirtunjay Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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