Patna High Court
Ajit Sharma @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.
Summary
Ajit Sharma was arrested in connection with a dowry death case (Hilsa P.S. Case No. 58 of 2023) under IPC sections 304B, 328 and 120B. He sought bail, claiming a clean antecedent and that the FIR was filed 45 days after the victim’s death, which was due to natural causes as per a medical death certificate indicating cardio‑pulmonary arrest. The petitioner argued that the allegations were fabricated because he was merely the husband of the deceased and that the doctor’s examination did not implicate him. The State opposed bail. The Court, noting the petitioner’s clean record, the delay in filing the FIR, and the medical evidence of natural death, granted bail subject to a Rs.10,000 bond, two sureties, and conditions regarding cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to an accused in a dowry death case under sections 304B, 328 and 120B of the IPC.
- Whether the delay in filing the FIR and the medical death certificate indicating natural death affect the bail decision.
- Whether the petitioner’s clean antecedent and lack of direct evidence of involvement warrant bail.
Legislation cited
- Indian Penal Code — s. 120B, 304B, 328
Subjects
- dowry death
- bail
- IPC 304B
- natural death
- medical death certificate
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5723 of 2026
Arising Out of PS. Case No.-58 Year-2023 Thana- HILSA District- Nalanda
======================================================
Ajit Sharma @ Ajit Kumar S/O Late Basant Sharma R/O Village/Mohalla-
Sahad Kuan, P.S- Hilsa, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tej Narayan Singh, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 09-04-2026 Heard Mr.Tej Narayan Singh, learned counsel for
the petitioner and Mr.Shahabuddin Azeem @ S. Azeem, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
16.07.2025 in connection with Hilsa P.S. Case No. 58 of 2023,
F.I.R. dated 01.02.2023 registered for the offence punishable
under Sections 304(B),328,120(B) of IPC.
3. Allegation against the petitioner is that he
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the daughter
of the informant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.5723 of 2026(4) dt.09-04-2026
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has not committed any offence as alleged in the FIR and he has
been made accused in the present case merely on the ground
that he is husband of the deceased. Learned counsel for the
petitioner submits that the victim has died in the hospital on
18.11.2022 and the present FIR has been instituted on
01.02.2023 after delay of more than 45 days. Learned counsel
for the petitioner submits that it has come during investigation
in paragraph-51 and 52 of the case diary that the victim has
faced some complication and she has taken some medicine and
family members of the petitioner brought her to hospital and she
was admitted in Panshila Hospital at Patna where she has died
on 18.11.2022. Learned counsel for the petitioner further
submis that it has come during investigation in paragraph-60 of
the case diary that the Doctor, who has treated the deceased, has
been examined and he has not stated anything against the
petitioner apart from that, the medical death certificate
(Annexure-P/2) was issued by the Panchila Hospital on
18.11.2022 which reveals that the cause of death is cardio
pulmonary arrest which suggests that she has died due to natural
death and the police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
16.07.2025.
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5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and petitioner has
clean antecedent, 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
learned A.C.J.M.-1, Hilsa, Nalanda in connection with Hilsa P.S.
Case No. 58 of 2023, with 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
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
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