Patna High Court
BIRBAL SHARMAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties.
Summary
Petitioner Birbal Sharma sought bail after being implicated in a dowry harassment case (PS Case No. 158 of 2021) alleging mental and physical cruelty under IPC sections 341, 323, 498A/34 and Section 3 of the Dowry Prohibition Act. The petition contended that the dowry demand was vague, arose from a family quarrel, and that no specific demand was made, also raising suspicion of a second marriage. The Additional Public Prosecutor opposed bail. The Court noted that notice served on the informant’s mother went unanswered and held that the allegations were prima facie general and omnibus. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the CrPC. The order directs the petitioner’s release pending trial.
Issues considered
- Whether the allegations of mental and physical cruelty under Sections 341, 323, 498A/34 IPC and Section 3 Dowry Prohibition Act constitute a sufficient prima facie case to deny bail.
- Whether the petitioner is entitled to bail under the inherent powers of the Court under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498A
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- IPC
- Section 498A
- Criminal Procedure Code
- inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19017 of 2023
Arising Out of PS. Case No.-158 Year-2021 Thana- BIHARIGANJ District- Madhepura
======================================================
BIRBAL SHARMA, Son of Kamo Sharma, Resident of Village - Bara-Teni,
P.S.- Udakishanganj, District – Madhepura. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Rajnandani Kumari Wife of Birbal Sharma (Daughter of Suraj Kumar
Sharma), Resident of Village - Pariharpur, Toli-Mohim Dih, Ward No.- 13,
P.S.- Bihariganj, District - Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Mistry, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 27-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Bihariganj P.S. Case No. 158 of 2021 registered
for the offences punishable under Sections 341, 323, 498(A)/34
of the Indian Penal Code and Section ¾ of the Dowry Prohibition
Act.
3. The allegation against the petitioner is to commit
mental and physical cruelty upon the informant alongwith other co-
accused persons/family members due to non-fulfillment of demand
of cash of Rs. 1 lac as dowry.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.19017 of 2023(6) dt.27-01-2026
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behalf of the petitioner that upon facial perusal of FIR, it appears
that demand of dowry is appearing very much general and
omnibus against petitioner and his implication appears only for the
reason that he is the husband. It is submitted that implication was
made in the background of family quarrel and no any demand was
raised. It is also submitted that reason for present implication is
also the suspicion that this petitioner might solemnize his another
marriage.
5. Learned APP opposed the prayer of bail.
6. Upon perusal of office report, it appears that the
notice as issued by this Court was served upon mother of the
informant.
7. Upon valid service of notice, none appears on behalf
of the informant to join present proceedings.
8. In view of aforesaid factual submissions and by
taking note of fact as allegation qua committing mental and
physical cruelty prima facie appears very much general and
omnibus in nature against petitioner, accordingly, above named
petitioner, in the event of his arrest or surrender before the
learned trial Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.19017 of 2023(6) dt.27-01-2026
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to the satisfaction of the learned Sessions Judge,
Madhepura/concerned Court, where the case is pending in
connection with Bihariganj P.S. Case No. 158 of 2021 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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