Patna High Court
Devan Sharma @ Bhutan SharmaversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners, subject to strict conditions, as the informant’s admission and lack of substantive evidence did not justify continued detention.
Summary
Petitioners Devan Sharma and Rekha Devi were arrested on 28 May 2025 in connection with a dowry‑related case involving the alleged torture and death of the informant's daughter. The FIR accused them of offences under Sections 80, 238, 61(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleging they burned the body after the victim allegedly consumed poison. The petitioners contended they have clean antecedents, were falsely implicated, and that the informant himself admitted in the FIR that his daughter died by poison. The prosecution opposed bail, but the court noted the informant’s admission and the lack of concrete evidence linking the petitioners to the alleged offences. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 80, 238, 61(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
- Whether the allegations in the FIR constitute sufficient ground to deny bail.
- Whether the informant’s admission that his daughter consumed poison affects the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 238, 3(5), 61(2), 80
Subjects
- bail
- dowry death
- criminal procedure
- Bharatiya Nyay Sanhita
- false implication
- evidence
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62220 of 2025
Arising Out of PS. Case No.-181 Year-2025 Thana- BHARGAMA District- Araria
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1. Devan Sharma @ Bhutan Sharma Son of Late Sukhdeo Sharma R/o Village
- Simarbani, Sharma Tola, Ward no. 7, P.S. - Bhargama, Dist. - Araia.
2. Rekha Devi W/o Devan Sharma @ Bhutan Sharma R/o Village - Simarbani,
Sharma Tola, Ward no. 7, P.S. - Bhargama, Dist. - Araia.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 19-03-2026 Heard Mr. Vijay Kishore Bharti, learned counsel for
the petitioners as well as Mr. Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
28.05.2025 in connection with Bhargama P.S. Case No. 181 of
2025, F.I.R. dated 27.05.2025 for the offences punishable under
Sections 80, 238, 61(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged the
daughter of the informant was subjected to torture by the petitioners
and others due to non-fulfillment of demand of dowry. On
26.05.2025, the deceased was denied to perform vat savitri puja
and told to work on maize field and when she returned home, she
was humiliated in front of everyone due to which she consumed
poison. It is further alleged that the accused persons without
Patna High Court CR. MISC. No.62220 of 2025(4) dt.19-03-2026
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informing the family members of the deceased, burnt the body of
the deceased and thrown it near river.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they falsely been implicated
in the present case. He further submits that the allegation as alleged
in the F.I.R. is false and fabricated and the petitioners have not
committed any offences as alleged in the F.I.R. Petitioner no.1 is
father-in-law and petitioner no.2 is mother-in-law of the deceased.
From bare perusal of the FIR it appears that informant himself has
accepted in the FIR that his daughter has consumed poison due to
some petty dispute with her in-laws. He further submits that the
cremation of the deceased was performed in presence of the
informant and other family members of the deceased and the
petitioners are in custody since 28.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and
the fact that the informant himself has accepted in the FIR that his
daughter (deceased) had consumed poison, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Araria in connection with
Patna High Court CR. MISC. No.62220 of 2025(4) dt.19-03-2026
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Bhargama P.S. Case No. 181 of 2025, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court and
shall remain physically present as directed by the court and on
their absence on two consecutive dates without sufficient reason,
their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall verify
the criminal antecedent of the petitioners and in case at any stage it
is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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