Patna High Court
Subol Sharma @ Bhadu @ Bhatu Sharma @ Bhadu SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner as the charge was not specific, the petitioner had no antecedents, and the period of custody was considerable.
Summary
The petitioner, Subol Sharma, was arrested in connection with a dowry‑death case (Azamnagar P.S. Case No. 21 of 2025) under Sections 80, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased’s husband and in‑laws killed her for dowry, while the petitioner contended he was the husband of the deceased and had no specific allegations against him, asserting that the charge was vague and he had no criminal record. The petitioner had been in custody since 25 January 2025 and sought bail, arguing innocence and lack of specific charges. The State opposed bail, but the court considered the length of custody, the absence of a specific charge, and the petitioner’s clean record. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties, imposing conditions regarding family surety and mandatory appearance in court.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in a dowry‑death case where the charge is alleged to be vague and the petitioner has no prior criminal record.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 61(2), 80
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- vague charge
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57590 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Subol Sharma @ Bhadu @ Bhatu Sharma @ Bhadu Sharma S/O Arun
Sharma R/O Village - Porla Jalki, P.S. - Azamnagar, Dist. - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Qumrul Hoda, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Azamnagar P.S. Case No. 21 of 2025, instituted for the offences
punishable under Sections 80, 61(2), 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that daughter of
the informant has been done to death by her husband and in-
laws for non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.57590 of 2025(4) dt.23-02-2026
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Learned counsel for the petitioner also submitted that the
petitioner is husband of the deceased and no specific allegation
has been attributed against the petitioner rather the same is
general and omnibus in nature. Dead body of the deceased was
found near the railway track and accordingly the police
registered Azamnagar P.S. U.D. Case No. 01 of 2025, thereafter
the informant identified the dead body and lodged this case
against the petitioner. It is further submitted that the petitioner
has never made any demand of dowry either from the deceased
or from the informant. The petitioner is in custody since
25.01.2025 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Azamnagar P.S. Case
No. 21 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.57590 of 2025(4) dt.23-02-2026
3/3
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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