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Patna High Court

Kishan Sharma @ Krishan SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petition for anticipatory bail is allowed, subject to specified bail bond, sureties and maintenance conditions.

Summary

Kishan Sharma applied for anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 14 of 2022) that alleged offences under several IPC sections and the Dowry Prohibition Act. He claimed innocence and alleged false implication. The State opposed the bail. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Patna High Court granted anticipatory bail under Section 438 of the CrPC, subject to a Rs.10,000 bail bond, two sureties, and a monthly maintenance order in favour of the complainant. The maintenance order is conditional on any decision of the Family Court. The Court warned that non‑compliance could lead to cancellation of bail and directed communication of the order to the District & Sessions Judge.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the serious offences alleged.
  • Whether the conditions imposed, including maintenance payment, are permissible and within the scope of Section 438(2) and Section 482 CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC offences
  • maintenance order
  • Section 438 CrPC
  • Arnesh Kumar precedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74089 of 2025
                   Arising Out of PS. Case No.-14 Year-2022 Thana- DARBHANGA COMPLAINT CASE
                                                    District- Darbhanga
                 ======================================================
                 Kishan Sharma @ Krishan Sharma S/o Sri Lalo Sharma @ Lalo Sharma R/o
                 Village- Madhuban, P.S- Kusheshwar Asthan, District- Darbhanga

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar Bihar
           2.    Soni Kumari W/o Kishan Sharma @ Krishan Sharma, D/o Sri Ashok
                 Sharma Permanently R/o vill - Madhuban, P.S.- Kusheshwar Asthan, Distt.-
                 Darbhanga, Presently R/o Adharpur, P.S.- Ghanshyampur, Distt.- Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ranjit Kumar Yadav
                 For the Opposite Party/s :    Mr. Gauri Shankar Gupta
                 For the O.P. No. 2       :    Ms. Madhubala Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   13-03-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   O.P.No. 2.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 14 of 2022 filed for the offence under

                   Sections 323, 498A, 379, 386, 307, 506/34 of the Indian Penal

                   Code and Section 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.74089 of 2025(4) dt.13-03-2026
                                            2/3




          petitioner that the petitioner is innocent and he has falsely been

          implicated in this case.

                       5. Learned APP for the State and the learned counsel

          for the O.P. No. 2 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 for 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 anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Judicial

          Magistrate, 2nd Class, Darbhanga/concerned Court below in

          connection with Complaint Case No. 14 of 2022 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. 10,000/- from the
                                  month        of      March     2026      to    the
                                  complainant/informant. The maintenance for the
                                  month of March 2026 shall be paid to the
            Patna High Court CR. MISC. No.74089 of 2025(4) dt.13-03-2026
                                                        3/3




                                              complainant/informant within ten days from
                                              today, and thereafter, the maintenance amount
                                              shall be paid to the complainant/informant
                                              every month before the 10th day of each month.



                                   8. It is made clear that the order of maintenance

                      passed by this Court shall be subject to the outcome of the

                      maintenance case in the Court of Principal Judge, Family Court

                      concerned, if any.

                                   9. Needless to state that, if the petitioner fails to abide

                      by the terms and conditions, as stated hereinabove, the State

                      shall be at liberty to file an appropriate application, before the

                      learned concerned Court below for cancellation of bail granted

                      to the petitioner.

                                   10. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Darbhanga through FAX

                      for its compliance forthwith.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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