Mithlesh Sharma @ Mithelesh Prasad Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55584 of 2025 Arising Out of PS. Case No.-438 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== 1.
MITHLESH SHARMA @ MITHELESH PRASAD SHARMA S/O LATE RAM LAKHAN SHARMA R/o vill - Horma, P.S.- Khizersarai, Distt.- Gaya 2.
Uma Devi W/o Mithlesh Prasad Sharma R/o vill - Horma, P.S.- Khizersarai, Distt.- Gaya 3.
Amrendra Kumar @ Amrendra Sharma S/o Mithlesh Prasad Sharma R/o vill - Horma, P.S.- Khizersarai, Distt.- Gaya 4.
Rinki Kumari @ Rinku Devi W/o Amrendra Kumar R/o vill - Horma, P.S.- Khizersarai, Distt.- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Seema Kumari D/o Sri Ram Lakhan Sharma, R/o vill - Dhibar, P.S.- Fatehpur, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2025
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Fatehpur P.S. Case no. 438 of 2024 registered for the offence punishable under section 85 of the Bharatiya Nyaya Sanhita and sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the informant states that she was married to one Ravi Ranjan Kumar in the year 2023. Soon thereafter she realised that her husband was living
Patna High Court CR. MISC. No.55584 of 2025(2) dt.30-08-2025 2/3 with another lady. It is stated that other accused persons used to make demand of dowry by way of a motorcycle and used to torture her. The informant further states that on her brother taking her to Delhi to her husband's place she saw that her husband was living with another lady, hence the instant FIR.
4. Learned counsel for the petitioners submits that the petitioners herein who happen to be father-in-law, motherin-law, bother-in-law (bhaisur) and the sister-in-law (gotni) have been falsely implicated in the case. So far as the allegations levelled against the petitioners are concerned, the same are general and omnibus in nature. The specific allegations are against the husband of the informant. The petitioners herein have no criminal antecedent and undertake to cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the relationship of the petitioners with the informant, the allegations against them being general and omnibus in nature, the specific allegation being against the husband of the informant and the petitioners not having any criminal antecedent, it is directed that the petitioners above
Patna High Court CR. MISC. No.55584 of 2025(2) dt.30-08-2025 3/3 named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Fatehpur P.S. Case no. 438 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya.
(Partha Sarthy, J) Bibhash/- U T