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Patna High Court

Laxman Sharma @ Lakshman SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied the petitioner's application for regular bail.

Summary

The petitioner, Laxman Sharma, applied for regular bail in a case registered under Sections 80 and 86 of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dowry Prohibition Act. The FIR alleged that Sharma married the deceased and subsequently tormented her for dowry, leading to her death by alleged poisoning. Sharma's counsel contended that the marriage was not legal, the deceased was a dancer in an orchestra, and a forensic report indicated poisoning, asserting his innocence. The State's counsel relied on the testimony of an independent witness, Muskan Kumari, who claimed Sharma demanded dowry money, quarreled with the deceased, and fled after she consumed poison. After considering the allegations and evidence, the court declined to grant bail, ordering the trial to be completed within nine months.

Issues considered

  • Whether regular bail should be granted to the petitioner under the charges of Sections 80 and 86 of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dowry Prohibition Act.

Legislation cited

Subjects

  • regular bail
  • dowry harassment
  • dowry death
  • poisoning
  • marriage dispute
  • Bihar Narcotic Substances Act
  • Dowry Prohibition Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65910 of 2025
                         Arising Out of PS. Case No.-29 Year-2025 Thana- AAYAR District- Bhojpur
                 ======================================================
                 Laxman Sharma @ Lakshman Sharma Son of Yogendra Sharma @ Jogendra
                 Sharma Village -Sultanpur PS -Garhani District -Bhojpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr.Diwakar
                 For the State             :       Mrs.Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   29-01-2026                          Heard the learned counsel for the parties.

                                        2. This is an application for regular bail on

                   behalf of the petitioner for the offences alleged under

                   Sections 80 and 86 of the BNS and Sections 3/4 of the D.P.

                   Act, registered in connection with Ayar P.S.Case No. 29 of

                   2025.

                                 3.     As per the FIR, the love and affection

                   blossomed to such an extent that the petitioner and the

                   victim both entered into marriage, but soon thereafter the

                   petitioner started tormenting the victim for a motor-cycle

                   and cash amount in dowry.

                                 4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely
Patna High Court CR. MISC. No.65910 of 2025(4) dt.29-01-2026
                                            2/3




          been implicated. The deceased is not legally married wife

          of the petitioner. He has submitted further that the dead-

          body was found in the house of Ashok Ram, who was

          proprietor of the orchestra, in which the deceased was

          working as a dancer with the petitioner being also engaged

          as a performer in the same orchestra. The learned counsel

          for the petitioner denies the marriage between the

          petitioner and the deceased. He also submitted that the

          FSL report shows that the deceased had consumed

          poisonous substance.

                       5. On the other hand Mr J.N. Thakur, learned

          APP for the State, has submitted that the independent

          witness Muskan Kumari, who was a nautch girl in the

          same orchestra, has stated that the deceased consumed

          poisonous substance and when her condition was critical,

          her husband Laxman Sharma (the petitioner) was called

          but he fled away. This witness has stated further that he

          was demanding money from the deceased and he was

          usually quarreling for non-fulfillment of the dowry

          demand.

                       6. Taking into consideration the entire aspect of

          the matter as well as the allegation levelled against the
           Patna High Court CR. MISC. No.65910 of 2025(4) dt.29-01-2026
                                                       3/3




                     petitioner, presently, I am not inclined to grant the

                     petitioner the privilege of bail, which is hereby rejected.

                                  7. It is expected that the trial shall be concluded

                     within a period of 09 months.



                                          (Nawneet Kumar Pandey, J)
HR/-

U      T


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