Patna High Court
Krish Sharma @ Krishna Sharma @ Krish Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
Krish Sharma petitioned for bail in a criminal case registered under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the Dowry Prohibition Act, alleging that he conspired with others to kill the daughter of an informant over a dowry demand. The prosecution contended that Sharma was part of a conspiracy that resulted in the death, while the petitioner argued that he is the cousin father‑in‑law of the deceased, that the deceased had actually committed suicide, and that the husband of the deceased is already in custody. He also highlighted his clean criminal record and that he had been detained since 3 January 2026. The State opposed the bail. Considering the familial relationship, the custody of the husband, the lack of prior criminal history, and the circumstances presented, the Court ordered that Sharma be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged dowry‑related murder under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80
- Dowry Prohibition Act — s. ¾
Subjects
- bail
- dowry death
- conspiracy to murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36310 of 2026
Arising Out of PS. Case No.-392 Year-2025 Thana- SAUR BAZAR District- Saharsa
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Krish Sharma @ Krishna Sharma @ Krish Kumar Sharma son of Late
Janeshwar Sharma Resident of village- Ajgaiaba, Bengali Tola, Ward no. 5,
Ps- Saur Bazar, Dist- Saharsa, Bihar. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 80, 238 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the Dowry
Prohibition Act.
3. As per the prosecution case, the petitioner in
association with other co-accused persons and 8-10 unknown
people conspired and killed the daughter of the informant on
non-fulfillment of demand of dowry.
4. It is submitted by learned counsel for the
petitioner that petitioner is the cousin father-in-law of the
deceased and his family was living separately in another house.
It is further submitted that the deceased had actually committed
suicide and the petitioner has no concern with the deceased, her
Patna High Court CR. MISC. No.36310 of 2026(2) dt.09-06-2026
2/2
husband and other family members with regard to day to day
affairs. It is pointed out that the husband of the deceased, who is
primarily responsible for the welfare of his wife, is in custody as
stated in para-9 of this application. It is also pointed out that
charge-sheet has been submitted in this case. The petitioner has
no criminal antecedent and has been languishing in custody
since 03.01.2026.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner is the cousin father-in-law of the deceased and the
husband of the deceased is already in custody, the above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Saur Bazar P.S. Case No.392 of 2025.
(Soni Shrivastava, J)
Trivedi/-
U T
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