Patna High Court
Sandeep Kumar Sharma @ Tinku Sharma @ Suresh SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Sandeep Kumar Sharma, was implicated in a dowry death case (Complaint No. 660 of 2023) under Sections 498A and 304/34 of the Indian Penal Code. He contended that he is not the husband of the deceased and therefore not liable, asserted his innocence, and claimed no prior criminal record. The State opposed bail, while the petitioner highlighted that all co‑accused had already obtained anticipatory bail. The High Court, after hearing both sides, granted bail to the petitioner, directing him to surrender within eight weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order also stipulated cancellation of bail if the petitioner concealed any criminal antecedent or made false statements in the petition.
Issues considered
- Whether the petitioner is entitled to bail in a dowry death case under Sections 498A and 304/34 IPC.
- Whether the grant of anticipatory bail to co‑accused influences the bail decision for the petitioner.
- Whether alleged lack of criminal antecedent and any false statements affect the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 304, 34, 498A
Subjects
- bail
- dowry death
- Section 498A IPC
- Section 304 IPC
- anticipatory bail
- criminal antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16403 of 2026
Arising Out of PS. Case No.-660 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Sandeep Kumar Sharma @ Tinku Sharma @ Suresh Sharma, S/O Umesh
Mistri, R/O Arai, Erai, Patna, District- Patna, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ayodhya Prasad S/O Late Mauji Mistri, R/O Vill.- Ekangarsarai,Jehanabad
Road, Power Grid, P.O and P.S- Ekangarsarai, Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Anand, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Complaint Case No. 660 of 2023, dated
01.06.2023, filed for the offences punishable under Sections
498A and 304/34 of the Indian Penal Code.
3. As per allegation, the petitioner and other co-
accused have committed dowry death of the daughter of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that petitioner is no way related with
Patna High Court CR. MISC. No.16403 of 2026(2) dt.25-03-2026
2/3
husband of the deceased/Punam Kumari, the daughter of the
informant. Hence, there is no question of commission of any
offence, let alone dowry death. He also submits that except
husband, all the co-accused have got anticipatory bail by Co-
ordinate Bench of this Court vide order dated 15.10.2025 passed
in Cr. Misc. No. 41324 of 2025 and vide order dated 11.12.2015
passed in Cr. Misc. No. 83432 of 2025.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court Below, in connection with Complaint
Patna High Court CR. MISC. No.16403 of 2026(2) dt.25-03-2026
3/3
Case No. 660 of 2023, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S., 2023 and on the
following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
Checking your session…