Patna High Court
Nitesh Satrughan Sharma @ Nitesh S. SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Petitioner Nitesh S. Sharma applied for anticipatory bail fearing arrest in a dowry‑related assault case (Complaint No. 1137(C) of 2024). The prosecution alleged that he and others assaulted the victim to demand dowry, invoking sections 60, 318(4), 316(2), 303(2), 85 of the Bharatiya Nyaya Sanhita, 2023 and a provision of the Dowry Prohibition Act. The petitioner claimed innocence and sought protection under Section 438 of the CrPC. The Court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, held that the circumstances warranted anticipatory bail. Accordingly, the Court ordered release on bail with a bond, sureties and a condition to pay monthly maintenance to the informant, subject to the usual conditions of Section 438(2) CrPC and Section 482 BNYS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to restrain unnecessary arrest in this case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 316(2), 318(4), 482, 60, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3/4
Subjects
- anticipatory bail
- dowry harassment
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNYS
- maintenance order
- Arnesh Kumar precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72836 of 2025
Arising Out of PS. Case No.-1137 Year-2024 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Nitesh Satrughan Sharma @ Nitesh S. Sharma S/o Late Shatrughan Jai
Kishan Sharma R/o Gitti Khadan Mor, Shila Nagar, Katol Road, Nagpur. At
present resident of Sri Niwas House Building Flat No. 402, Vinay Nagar, In
front of Vardhman Bhumi Kalewadi, Pimpri, Chinchwad, P.S.- Kalewadi,
Pune, Maharashtra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shakshi Sharma D/o Manoj Kumar Sharma, W/o Nitesh Satrughan Sharma
R/o Mohalla- Kurmi Tola, Lallu Babu Ka Kucha, In front of Ram Mandir,
P.O.- Begumpur, P.S.- Chowk, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mr. Mohammad Sufyan
For the OP No. 2 : Mr. Vinod Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 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. 1137(C) of 2024 dated 08.10.2024
under Sections 60, 318(4), 316(2), 303(2), 85 of the Bharatiya
Nyaya Sanhita, 2023 and ¾ of the DP Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry.
4. It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No.72836 of 2025(3) dt.21-01-2026
2/3
petitioner that the petitioner is innocent and he has falsely been
implicated in this case.
5. Learned counsel for the informant has opposed the
application of the petitioner.
6. Considering the submission of the parties and in
light 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 four
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, Patna City, Patna/concerned Court below
in connection with Complaint Case No. 1137(C) of 2024 subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS and with
further condition that:
(I). The petitioner is directed to
pay a maintenance amount of Rs. 9,000/-
from the month of January 2026 to the
informant and the maintenance for the
Patna High Court CR. MISC. No.72836 of 2025(3) dt.21-01-2026
3/3
month of January 2026 shall be paid to the
informant before 31.01.2026 and thereafter
the maintenance amount shall be paid to the
informant every month before the 10th day of
the month.
8. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
Checking your session…