Patna High Court
Chandan Sharma @ Abhay SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Indian Penal Code — s. 3(5), 80(2)
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
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