Patna High Court
Dharmendra Kumar @ Dharmendra SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Dharmendra Kumar, sought bail in a case registered as Bibhutipur P.S. Case No. 331 of 2024, alleging he was falsely implicated in the alleged dowry death of his wife. The prosecution alleged that the deceased was killed by her in-laws over dowry demands, but the petitioner argued there was no specific allegation against him, the FIR was delayed, and the post‑mortem indicated suicide. The petitioner has no prior criminal record and has been in custody since 12‑01‑2025. The State opposed bail, emphasizing the seriousness of the offence under Sections 85 and 80 of the Bharatiya Nyaya Sanhita, 2023, and the fact that trial had already commenced. The court, after considering the nature and gravity of the offence and the stage of the trial, refused bail, allowing the petitioner to re‑apply if the trial is not concluded within four months.
Issues considered
- Whether bail should be granted to the petitioner under Sections 85 and 80 of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged dowry death.
- Whether the delay in filing the FIR, lack of specific allegations against the petitioner, and the post‑mortem findings affect the bail eligibility.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 80, 85
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 85
- Section 80
- false implication
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5835 of 2026
Arising Out of PS. Case No.-331 Year-2024 Thana- BIBHUTIPUR District- Samastipur
======================================================
Dharmendra Kumar @ Dharmendra Sharma Son of Bihari Lal Sharma R/o -
Singhiyghat, P.S - Bibhutipur, District - Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
For the Informant : Mr. Bishwanath Mahto, Advocate
Mr. Dhandev Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Bibhutipur P.S. Case No. 331 of 2024 (S.T. No. 272 of 2025)
instituted for the offence under Sections 85 & 80 of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case in short is that daughter of the
informant has been done to death at her matrimonial house by
her in-laws due to non-fulfillment of the demand of dowry.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 12.01.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
Patna High Court CR. MISC. No.5835 of 2026(3) dt.24-02-2026
2/2
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is the husband of the deceased. There is no
specific allegation attributed to the petitioner, rather allegation is
general and omnibus in nature. There is delay of eight (8) days
in lodging the FIR. Postmortem report suggest the cause of
death due to suicidal hanging. Charge sheet has already been
submitted in this case. It is submitted that two witnesses have
been examined in this case hitherto.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, nature and gravity of the offence as also since the
trial has commenced, this Court is not inclined to grant bail to
the petitioner. Prayer for bail is hereby rejected at this stage.
8. However, petitioner will be at liberty to renew his
prayer for bail in the Court below, if the trial is not concluded
within a period of four months from the date of
receipt/production of a copy of this order.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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