Patna High Court
Ajay Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for cancellation of anticipatory bail is dismissed, and the bail remains in force.
Summary
Ajay Kumar Sharma filed an application seeking cancellation of the anticipatory bail granted to Prabhat Kumar, the husband of his deceased daughter Muskan Kumari, alleging that the bail was obtained by suppressing material facts and making false statements. Muskan was married on 07.12.2023 and later died on 20.01.2026, with the informant alleging dowry harassment, administration of unknown medicines, and poisoning leading to liver failure. The trial court had granted bail based on a death summary from Medanta Hospital indicating acute chronic liver failure and on the basis that the accused, a judicial officer, posed no risk of interference. The High Court examined the claim of suppression and found no evidence that the petitioner had concealed any material facts, and noted that the poisoning allegation was unsupported. Consequently, the Court dismissed the application and upheld the anticipatory bail.
Issues considered
- Whether the anticipatory bail granted to Prabhat Kumar should be cancelled on the ground of suppression of material facts and false statements before the lower court
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 61(2), 80
Subjects
- anticipatory bail
- suppression of material facts
- false statements
- dowry harassment
- poisoning allegation
- judicial officer
- bail cancellation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27896 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Ajay Kumar Sharma Son of Late Ramshrigar Sharma Resident of Village-
Khabra PS -Sadar, Dist- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prabhat Kumar Son of Anil Kumar Resident of Village- Mahmmadpur Kako,
Ps- Jehanabad, Dist- Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 None appears on behalf of the petitioner even on
second call; however, the learned APP for the State is present.
2. This application has been filed for cancellation of
the anticipatory bail granted to Opposite Party No. 2 in
connection with Sadar P.S. Case No. 66 of 2026 registered for
the offences punishable under Sections 80, 61(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023, vide order dated 13.03.2026
passed in A.B.P. No. 852/2026 by the Learned Principal District
& Sessions Judge, Muzaffarpur, on the ground that the said
order was obtained by suppression of material facts and by
making false statements before the learned Court.
3. The case of the informant, Dr. Ajay Kumar Sharma,
Patna High Court CR. MISC. No.27896 of 2026(2) dt.06-07-2026
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is that he solemnized the marriage of his daughter, Muskan
Kumari, with Prabhat Kumar on 07.12.2023 in accordance with
Hindu rites and rituals. Soon after the marriage, the husband and
his family members allegedly subjected her to cruelty and
harassment for dowry, demanding money for the purchase of a
flat at Patna. The deceased reportedly informed the informant
that she was being administered unknown medicines without
medical consultation and without being shown their wrappers. It
is further alleged that an insurance policy was obtained in her
name and that her husband was involved in an illicit relationship
with another family member. The informant alleges that,
pursuant to a criminal conspiracy, the accused persons
administered slow poison to Muskan Kumari, causing severe
liver damage. She was taken to Medanta Hospital, Gurugram,
where she succumbed to her illness on 20.01.2026.
4. The allegation against the O.P. No. 2 is that he has
obtained bail by suppressing the material facts and by making
false statement before the Court below.
5. From the bare perusal of the impugned order, it
appears that the death summary issued by Medanta Hospital,
Gurugram shows that the deceased died of Acute Chronic Liver
Failure, Jaundice, Coagulopathy and Hepatic Encephalopathy
Patna High Court CR. MISC. No.27896 of 2026(2) dt.06-07-2026
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Grade-III and the allegation of poisoning has been found to be
false.
6. The Principal District & Sessions Judge,
Muzaffarpur, has granted bail considering the certificate issued
by Medanta Hospital, Gurugram and also considering the fact
that O.P. No. 2, who is the husband, is a judicial officer and
there is no probability of him interfering with, fleeing from or
not cooperating in the investigation and trial.
7. So far as the allegation of suppression of facts is
concerned, nothing has been mentioned in the petition to show
that the petitioner has suppressed any material facts.
8. Considering the aforesaid facts and circumstances
and finding no illegality or impropriety in the impugned order,
this application is hereby dismissed.
(Sandeep Kumar, J)
Shishir/-
U T
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