Patna High Court
Vinod SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner’s clean antecedent and absence of specific involvement warranted the grant of bail, subject to strict conditions.
Summary
Vinod Sharma, the father‑in‑law of a deceased woman, was arrested in connection with a dowry‑related murder case under Sections 80, 238 and 3(5) of the Bharatiya Nyay Sanhita, 2023. He has been in custody since 15 October 2025. The prosecution alleges that he and co‑accused tortured and killed the informant’s daughter for dowry, while the defence argues that Sharma has a clean antecedent and is implicated only because of his familial relationship, with no specific allegation of an overt act or dowry demand against him. The court noted that the son of the deceased, Sharma’s own son, is already in judicial custody, and there is no direct evidence linking Sharma to the crime. Considering these facts, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of trial cooperation, presence in court, and non‑tampering with evidence. The bail order also directs verification of Sharma’s criminal antecedent, with cancellation possible if concealment is discovered.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 80, 238 and 3(5) of the Bharatiya Nyay Sanhita, 2023 in a dowry‑death case
- Whether the petitioner’s clean antecedent and lack of specific allegation of an overt act justify granting bail
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 238, 3(5), 80
Subjects
- bail
- dowry death
- Bharatiya Nyay Sanhita
- criminal antecedent
- trial cooperation
- Section 80
- Section 238
- Section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26289 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- SALIMPUR District- Patna
======================================================
Vinod Sharma S/o Ramnath Sharma Resident of Village- Kaladiyara, P.S-
Salimpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Usha Kumari Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mrs. Usha Kumari Singh, learned counsel for
the petitioner as well as Mr. Pranav Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.10.2025 in connection with Salimpur P.S. Case No.
184/2025, F.I.R. dated 06.07.2025 for the offences punishable
under Sections 80, 238 read with Section 3(5) of the Bharatiya
Nyay Sanhita, 2023.
3. According to prosecution case, the petitioner and
the co-accused persons are alleged to have tortured the
informant’s daughter mentally and physically and killed her due
to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.26289 of 2026(2) dt.20-04-2026
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implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. There is no specific
allegation of overt act and demand of dowry against the
petitioner. The petitioner is made accused in this case only on
the ground that he is father-in-law of the deceased. The husband
of the deceased who happens to be son of the petitioner is in
judicial custody. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 15.10.2025.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, the petitioner is father-in-law of
the deceased and the husband of the deceased who happens to
be the son of the petitioner is in judicial custody, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned ACJM Ist,
Barh, Patna in connection with Salimpur P.S. Case No.
184/2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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