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Patna High Court

Sanit SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for protection against arrest was disposed of, with liberty granted to the petitioner to file a bail application in the lower court.

Summary

Sanit Sharma, the petitioner, feared arrest in a dowry harassment case (Complaint No. 738C of 2023) alleging violation of Sections 498A and 34 of the IPC. The prosecution alleged that he demanded dowry and tortured the informant, while the petitioner claimed innocence and noted that the co-accused, Ranju Devi, had remarried and was not appearing. The petitioner sought relief to avoid arrest. The Court, after hearing counsel, disposed of the application but granted the petitioner liberty to file a bail application under Section 205 of the Cr.P.C. and Section 228 of the BNSS in the lower court. The order indicated that if the petitioner's contentions are found correct, the lower court may pass an appropriate order.

Issues considered

  • Whether the petitioner can be arrested in connection with the alleged offence under Sections 498A and 34 of the IPC.
  • Whether the petitioner is entitled to seek anticipatory bail under Section 205 of the Criminal Procedure Code and Section 228 of the BNSS.

Legislation cited

Subjects

  • dowry harassment
  • Section 498A IPC
  • anticipatory bail
  • Criminal Procedure Code
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67129 of 2025
                    Arising Out of PS. Case No.-738 Year-2023 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
                 Sanit Sharma S/O Mahendra Sharma @ Dukha Sharma R/O Village- Pama,
                 Tola- Dhunsaha, P.S- Sonvarsha Raj, Dist.- Saharsa.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar
           2.    Ranju Devi W/O Sanit Sharma, D/O Mahendra Ram R/O Village- Kanaua,
                 Ward No. 12, P.S- Sonvarsha Raj, Distt.- Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Pramod Mishra
                 For the Opposite Party/s :    Mr. Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-03-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Complaint Case No. 738C of 2023 for the alleged offence under

                   Section 498A/34 of the Indian Penal Code.

                                3. As per the prosecution case, the allegation against

                   the petitioner is of demand of dowry and torturing the

                   informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the O.P. No. 2 is not appearing because

                   she has got re-married.
            Patna High Court CR. MISC. No.67129 of 2025(3) dt.10-03-2026
                                                        2/2




                                   5. In these circumstances, this application is disposed

                      of with liberty to the petitioner to file an application under

                      Section 205 of the Cr.P.C./228 of the BNSS in the Court below

                      and if the contentions of the petitioner are found correct,

                      appropriate order shall be passed by the Court below.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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