Patna High Court
Kishan Sharma @ Krishan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438, 482
- Dowry Prohibition Act — s. 3
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
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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
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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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