Patna High Court
Sharvan Rai @ Sharwan Kumar @ Shravn KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sharvan Rai, was charged under Sections 304B and 34 of the Indian Penal Code for allegedly torturing and causing the death of a victim over dowry demands. The petitioner claimed innocence, asserting that he was falsely implicated and that the prosecution's eight witnesses, including the informant, did not support the charge, with the informant stating the death was due to an ailment. The State opposed bail, but the court considered the lack of corroborative evidence and the informant's deposition. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to cooperation with the trial. The petitioner was directed to appear before the lower court on all scheduled dates.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under Sections 304B and 34 IPC given the evidentiary circumstances.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- dowry death
- bail
- IPC 304B
- IPC 34
- evidence
- presumption of guilt
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48814 of 2025
Arising Out of PS. Case No.-438 Year-2022 Thana- BIBHUTIPUR District- Samastipur
======================================================
Sharvan Rai @ Sharwan Kumar @ Shravn Kumar S/o Late Madan Rai
Resident of vill- ward no 11, P.S- Madhopur, P.S.- Bibhutipur, Distt.-
samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Adv.
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 07-01-2026 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-304(B), 34 of the Indian
Penal Code.
3. Allegation against the accused persons including
the petitioner is of torturing and causing death of the victim due
to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. Eight prosecution witnesses including the informant
have been examined and none has supported the prosecution
case. The informant, in his deposition, has stated that the
Patna High Court CR. MISC. No.48814 of 2025(6) dt.07-01-2026
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deceased died due to ailment.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, 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 learned Sub Divisional
Judicial Magistrate, Rosera, Samastipur in connection with
Bibhutipur P.S. Case No. 438 of 2022 with condition that the
petitioner shall cooperate with the trial of the case and make
himself available as and when required by the court.
7.The petitioner will appear in the court below on
each and every date fixed in the case.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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