Patna High Court
Navin SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, owing to the vague nature of the allegations and the risk of false implication, the petitioners are entitled to bail under Section 482(2) of the CrPC.
Summary
The petitioners, who are relatives of the complainant in a dowry dispute, sought bail fearing arrest in a case registered under Sections 341, 323, 498A, 504/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the petitioners demanded Rs.3,00,000 as dowry, seized the complainant's belongings and expelled her from the matrimonial home. The petitioners contended that they were falsely implicated, that the allegations were vague and that they had no criminal antecedent. The State opposed the bail, maintaining that the petitioners were co‑accused in the dowry demand and related torture. Considering the relationship between the parties, the general and non‑specific nature of the allegations, and the possibility of false implication, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC.
Issues considered
- Whether bail should be granted to the petitioners in a dowry‑related case pending trial.
- Whether the allegations against the petitioners are sufficiently specific to justify denial of bail.
- Whether Section 482(2) of the Code of Criminal Procedure permits the grant of bail in the present circumstances.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A, 504
Subjects
- bail
- dowry harassment
- false implication
- Criminal Procedure Code
- Indian Penal Code
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13170 of 2026
Arising Out of PS. Case No.-7 Year-2024 Thana- CHAUSA District- Madhepura
======================================================
1. Navin Sharma S/o Late Anuplal Sharma R/o Village- Tulsipur, P.S.- Kharik
Bazar, District- Bhagalpur
2. Tetri Devi @ Anita Sharma W/o Navin Sharma R/o Village- Tulsipur, P.S.-
Kharik Bazar, District- Bhagalpur
3. Sonali Devi @ Sonli Kumari @ Sonali Kumari D/o Navin Sharma and W/o
Vilasli Kumar Verma R/o Village- Tulsipur, P.S.- Kharik Bazar, District-
Bhagalpur
4. Abhishek Kumar @ Sonu S/o Navin Sharma R/o Village- Tulsipur, P.S.-
Kharik Bazar, District- Bhagalpur
5. Gulsan Kumar @ Golu S/o Navin Sharma R/o Village- Tulsipur, P.S.-
Kharik Bazar, District- Bhagalpur
6. Monu Kumar S/o Navin Sharma R/o Village- Tulsipur, P.S.- Kharik Bazar,
District- Bhagalpur
7. Umesh Sharma S/o Late Anuplal Sharma R/o Village- Tulsipur, P.S.- Kharik
Bazar, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Pandey, Advocate
For the State : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Chausa P.S. Case
Patna High Court CR. MISC. No.13170 of 2026(2) dt.11-03-2026
2/4
No. 07 of 2024 registered for the offences under Sections 341,
323, 498A, 504/34 of the Indian Penal Code and Section 3/4 of
Dowry Prohibition Act.
3. As per prosecution case, the informant has been
married with the co-accused son of petitioner nos. 1 and 2. The
allegation against the petitioners and co-accused husband of the
informant is that they have been demanding Rs.3,00,000/- in
dowry and when this demand was not met, snatching all the
belongings of the informant, they drove her out from the
matrimonial home.
4. Learned counsel for the petitioners submits that
the petitioners are in-laws of the informant and they are
innocent and have been falsely implicated in this case. The
present case has been lodged only to harass the petitioners. The
allegations are general and omnibus. The petitioners never
demanded any dowry and never tortured the informant for non-
fulfillment of this demand. The petitioners are parents-in-law,
married sister-in-law (Nanad), brothers-in-law (Dewar) and also
the elder brother of petitioner no. 1. They lived separately from
the informant and her husband. They are having no criminal
antecedent.
5. Learned APP opposes the submission made on
Patna High Court CR. MISC. No.13170 of 2026(2) dt.11-03-2026
3/4
behalf of the petitioners. Learned APP submits that the
allegation has been levelled against the petitioners as well as co-
accused husband of the informant for demand of dowry and
torture related to such demand.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
relationship of the petitioners with the informant and further
considering the general and non-specific nature of allegation
and also considering the possibility of false implication, let the
petitioners above named, in the event of their arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned S.D.J.M.,
Udakishunganj, District - Madhepura/concerned court in
connection with Chausa P.S. Case No. 07 of 2024, subject to the
condition as laid down under Section 482(2) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
Patna High Court CR. MISC. No.13170 of 2026(2) dt.11-03-2026
4/4
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.