Patna High Court
Shanni Kumar Sharma @ Sunny Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court denied bail to the petitioner, holding that the seriousness of the allegations and the presence of poison warranted continued custody.
Summary
The petitioner, Shanni Kumar Sharma, sought bail in a criminal case (PS Case No.167 of 2024) alleging that he had tortured and killed his wife's daughter over a dowry demand, under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the allegations were false, asserting that the victim was pregnant and died of abdominal pain, with post‑mortem showing no external injuries and an ultrasound confirming a 34‑36 week fetus. The State opposed bail, highlighting that the petitioner was the husband and that the viscera report detected aluminium sulphate, a lethal poison, suggesting foul play. The Court considered the seriousness of the alleged offence, the presence of poison, and the petitioner’s custodial status, and concluded that bail could not be granted at this stage. However, the Court directed the trial court to expedite the trial and allowed the petitioner to renew his bail application if the trial does not proceed expeditiously.
Issues considered
- What is the appropriateness of granting bail to the petitioner in light of the alleged dowry‑related homicide and detection of poison?
- Does the presence of aluminium sulphate in the viscera report constitute sufficient ground to deny bail?
- Should the petitioner’s custodial status and the progress of the trial affect the bail decision?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- poison
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3(5)
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58607 of 2025
Arising Out of PS. Case No.-167 Year-2024 Thana- SIMRAHA District- Araria
======================================================
Shanni Kumar Sharma @ Sunny Kumar Sharma S/o- Rajesh Sharma @
Rajesh Kumar Sharma Village- Rahikpur Tilak Mohan @ Thela Mohan
W.No-5, P.s. Simraha District-Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 12-02-2026 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 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is said
to have tortured and killed the daughter of the informant due to
non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that
the allegation of demand of dowry and subjecting the victim to
torture is clearly false and baseless. As a matter of fact, the
victim was pregnant and she died on account of abdominal
pain, while being taken to the hospital for treatment. Learned
Patna High Court CR. MISC. No.58607 of 2025(5) dt.12-02-2026
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counsel has pointed out that the postmortem report does not
indicate any external injury on her person and rather indicates
that there was a dead male fetus of 34 to 36 weeks confirming
the pregnancy and existence of a cyst is also shown from the
ultrasound report. The very fact that the deceased was carrying
pregnancy and the petitioner was getting her treated there is no
reason whatsoever, why he would cause the death of the
deceased at this stage. The petitioner is in custody since
16.11.2024 and till date no substantial progress has been made
in the trial and the case has only been committed to the court of
sessions.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner is the husband of the
deceased and there is direct allegation against him and the
viscera report, which has earlier been called for, also confirms
the fact that Aluminium Sulphate (celphos) was detected in the
viscera report, which is highly poisonous.
6. Taking into consideration the facts and
circumstances and considering the confirmation of presence of
poison in the viscera report, coupled with the fact that the
petitioner happens to be the husband of the deceased, who is
primarily responsible for her welfare, this Court is not inclined
Patna High Court CR. MISC. No.58607 of 2025(5) dt.12-02-2026
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to grant the privilege of bail to the petitioner at this stage.
Accordingly, the prayer for bail of the petitioner is hereby
rejected in connection with Simraha P.S. Case No.167 of 2024.
7. However, learned Trial Court is directed to
expedite the trial and the petitioner would have the liberty to
renew his prayer at an appropriate stage, if the trial does not
proceed expeditiously.
(Soni Shrivastava, J)
anand/-
U T
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