Created by Fuzzy Cloud

Patna High Court

Chandan Sharma @ Abhay SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

Chandan Sharma petitioned for regular bail in a dowry‑death case (Bhabua P.S. Case No. 198 of 2025) where he is alleged to have tortured and killed his wife for a dowry demand. The FIR charges him under Sections 80(2) and 3(5) of the Indian Penal Code. The petitioner claims innocence, arguing the dowry demand is false and that he has been in custody since 20‑03‑2025. The State, through the APP, opposed bail, citing specific allegations and independent witness statements about marital quarrels. Justice Nawneet Kumar Pandey rejected the bail application, directing the trial court to expedite the trial within nine months, after which the petitioner may renew his bail plea.

Issues considered

  • Whether regular bail should be granted to an accused in a dowry‑death case under Sections 80(2) and 3(5) IPC
  • Whether the evidence on record justifies denial of bail

Legislation cited

Subjects

  • dowry death
  • regular bail
  • Indian Penal Code
  • presumption of culpable homicide
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58848 of 2025
                 Arising Out of PS. Case No.-198 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Chandan Sharma @ Abhay Sharma S/o Shankar Sharma R/o Village-
                 Akhalashpur, P.s.- Bhabua, District- kaimur at bhabua
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Tribhuwan Narayan, Adv.
                 For the Opposite Party/s :      Mr.J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   03-02-2026                      Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Bhabua P.S. Case No. 198 of 2025, registered for the

                   offences punishable under Sections 80(2), 3(5) of the Indian

                   Penal Code.

                                3. According to FIR, the accused persons including

                   the petitioner tortured the victim variously for non-fulfillment of

                   dowry demand and ultimately killed her.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. The alleged occurrence took place after seven years of the

                   marriage. The demand of dowry (a motorcycle) appears to be

                   false. The petitioner has been in custody since 20.03.2025.
           Patna High Court CR. MISC. No.58848 of 2025(6) dt.03-02-2026
                                                       2/2




                                  5. On the other hand, the learned counsel for the

                     informant and the learned APP for the State have opposed the

                     prayer for bail by submitting that there is specific allegation

                     against the petitioner that he tortured the victim for non-

                     fulfilment of demand of dowry. They submitted that the

                     independent witnesses in paragraph nos. 55 and 56 of the case

                     diary have stated that the husband and wife used to quarrel.

                                  6. Presently, I am not inclined to grant bail to the

                     petitioner, which is hereby rejected.

                                  7. The learned trial court is directed to take endeavour

                     to conclude the trial as early as possible, preferably within a

                     period of nine months, failing which the petitioner would be

                     entitled to renew his prayer for bail.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.