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Patna High Court

Deepak Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions of a bail bond, sureties, and a monthly payment of Rs. 4,000 to the complainant.

Summary

The petitioner, Deepak Kumar Sharma, sought anticipatory bail fearing arrest in a complaint (No. 3160 of 2024) alleging offences under Sections 323, 379, 307, 498(A), 504, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The complainant, his wife Priti Kumari, alleged dowry harassment, physical cruelty, and assault after demanding an additional Rs. 5 lakh. The petitioner denied any wrongdoing and offered to pay Rs. 4,000 per month as maintenance, which the complainant accepted. The court, after hearing both sides, considered whether the petitioner’s offer and the nature of the allegations warranted anticipatory bail. It granted anticipatory bail subject to a Rs. 10,000 bail bond, two sureties, and the condition that the petitioner deposit Rs. 4,000 monthly in the complainant’s bank account. The order was made to ensure the petitioner’s liberty while safeguarding the complainant’s financial needs.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the pending criminal complaint.
  • Whether the petitioner’s offer of monthly maintenance can be imposed as a condition of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • maintenance
  • Indian Penal Code
  • Dowry Prohibition Act
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76104 of 2025
                     Arising Out of PS. Case No.-3160 Year-2024 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
                 Deepak Kumar Sharma S/O Jagdish Sharma R/O Village- Kertpur Rajaram,
                 P.S. - Bhagwanpur, District - Vaishali

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Priti Kumari W/O Deepak Kumar Sharma R/O Village- Kertpur Rajaram,
                 P.S. - Bhagwanpur, District - Vaishali. At Present D/O Mahashankar Thakur
                 R/O Vill.- Etawarpur, P.S.- Lalganj, Dist.- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Hemant Kumar, Adv.
                 For the Opposite Party/s :     Mr. Veena Kumari Jaiswal, App.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   01-04-2026                     1. Heard learned Counsel for the petitioner, learned

                   Counsel for the informant-Opposite Party No. 2 and learned

                   Additional Public Prosecutor for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Complaint Case No. 3160 of 2024, registered

                   for the offences punishable under Sections 323, 379, 307,

                   498(A), 504, 34 of the Indian Penal Code and Sections 3/4 of

                   the Dowry Prohibition Act.

                                   3. The complainant was married to the accused on

                   12.05.2022, and sufficient gifts and cash were given at the time

                   of marriage. After a brief period of cordial relations, the accused

                   and his family allegedly expressed dissatisfaction with the
Patna High Court CR. MISC. No.76104 of 2025(4) dt.01-04-2026
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          dowry and demanded an additional Rs. 5 lakhs for business

          purposes. Upon refusal, the complainant was subjected to

          cruelty, including verbal abuse, deprivation of basic necessities,

          and ill-treatment. It is further alleged that she was forcibly

          administered an injection causing physical harm and was

          threatened with death and replacement by another marriage. On

          15.06.2024,       the     complainant        was     allegedly   assaulted,

          dispossessed of her belongings, and driven out of the

          matrimonial home. Despite efforts at reconciliation, the accused

          continued to insist on the demand of Rs. 5 lakhs and refused to

          keep her, leading to the filing of the present complaint.

                          4. Learned Counsel for the petitioner submits that

          the petitioner has not committed any offence in the manner

          alleged and he has falsely been implicated in this case.

          However, without prejudice to the right and contention of the

          petitioner, and in order to maintain harmony in the family, the

          petitioner is ready and willing to pay a sum of Rs. 4,000/- per

          month to the Opposite Party No. 2 as living cost, subject to the

          final outcome of the present case as well as the matrimonial

          case, if any, pending between the parties.

                          5. Learned Counsel for the complainant-Opposite

          Party No. 2 submits that the O.P. No. 2 is at the verge of
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          starvation and accepts the offer so made by learned Counsel for

          the petitioner and submits that the petitioner may be directed to

          deposit the said amount of Rs. 4,000/- per month in the bank

          account of the complainant-Opposite Party No. 2, details of

          which shall be furnished by learned Counsel for the Opposite

          Party No. 2 to learned Counsel for the petitioner within ten days

          from today.

                          6. After having heard learned Counsel for the

          parties and taking into consideration the materials on record and

          the fact that the offer made by learned Counsel for the petitioner

          has been accepted by learned Counsel for the Opposite Party

          No. 2, I am inclined to grant the petitioner privilege of

          anticipatory bail.

                          7. This application is, accordingly, allowed.

                          8. Let the petitioner, above named, in the event of

          his arrest/surrender before the learned Court below within a

          period of six weeks from today, be released on bail, upon

          furnishing bail bond of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in

          connection with Complaint Case No. 3160 of 2024.

                       9. This is subject to the condition that the petitioner
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                     shall deposit a sum of Rs. 4,000/- per month in the bank account

                     of Opposite Party No. 2 positively, starting from 11th April,

                     2026.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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