Patna High Court
Raj Kumar Sharma @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner does not deserve the privilege of bail and rejected the application.
Summary
The petitioner, Raj Kumar Sharma, applied for regular bail in a case registered under Sections 304(b) read with 34 of the IPC for the alleged dowry death of his wife. The FIR alleges that the petitioner and co‑accused tortured the victim for dowry demands, leading to her death, which the petitioner claims was a suicide. The trial is stalled because co‑accused Roushan Kumar is absconding, and the case is at the stage of appearance. The court noted that the petitioner has been in custody since 3 January 2025 and found no sufficient grounds to grant bail. Consequently, the bail application was rejected and the trial court was directed to expedite the trial, split the petitioner's trial from the absconding co‑accused, and aim to conclude within nine months.
Issues considered
- Whether regular bail can be granted to an accused charged under Sections 304(b) r/w 34 IPC in the circumstances presented
- Whether the delay in trial and non‑appearance of co‑accused affect the grant of bail
Legislation cited
- Indian Penal Code — s. 304(b), 34
Subjects
- bail
- dowry death
- IPC
- trial delay
- split trial
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34796 of 2025
Arising Out of PS. Case No.-156 Year-2023 Thana- MAHESHKHUNT District- Khagaria
======================================================
Raj Kumar Sharma @ Raj Kumar S/o- Ganauri Sharma Village PO- Pakrail
Sharma Tola Ps- Maheshunt Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Sumiran Rai
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 05-02-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Maheshkhunt P.S. Case No. 156 of 2023, registered for the
offences punishable under Sections 304(B)r/w 34 of the IPC.
3. According to FIR, the accused persons including
the petitioner tortured the victim variously for non-fulfillment of
dowry demand and ultimately killed her.
4. The learned counsel for the petitioner has submitted
that the marriage of the deceased was solemnized with the
petitioner four years prior to the occurrence. She committed
suicide herself. The husband gave telephonic information to the
family members of the deceased. The petitioner has been in
custody since 03.01.2025.
Patna High Court CR. MISC. No.34796 of 2025(6) dt.05-02-2026
2/2
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The report regarding the stage of the trial was
called for from the learned court below, which shows that the
trial is not proceeding due to non-appearance of co-accused
Roushan Kumar and the case is at the stage of appearance.
7. Considering the above-mentioned facts and
circumstances, the petitioner does not deserve the privileges of
bail, which is hereby rejected.
8. The learned court below is directed to expedite the
trial. The petitioner has been in custody since 03.01.2025. The
learned trial court is directed to split up the trial of the petitioner
from the other co-accused persons, who are absconding and to
proceed with the trial, take every endeavour to conclude the trial
within a period of nine months.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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