Patna High Court
Bijendra SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court refused to grant regular bail to the petitioner, holding that the seriousness of the allegations and the evidential material justified denial of bail.
Summary
The petitioner, Bijendra Sharma, was arrested in connection with the alleged murder of his wife, who was the daughter of an informant, over a dowry demand for a motorcycle. He filed an application for regular bail under Section 80 of the Bharatiya Nyaya Sanhita, 2023, claiming he was falsely implicated, has no criminal antecedent, and has been in custody since 18‑10‑2024. The State opposed the bail, citing the petitioner’s direct involvement as the husband of the deceased, statements of witnesses recorded during investigation, and the S.D.P.O.’s finding that the case is true. After hearing both sides, the Court considered the seriousness of the allegation and the material gathered during investigation. Consequently, the Court refused to grant bail, rejecting the petitioner's application.
Issues considered
- What is the appropriate exercise of discretion by the court in granting or refusing regular bail under Section 80 of the Bharatiya Nyaya Sanhita, 2023 in a case involving alleged dowry‑related murder?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 80
Subjects
- regular bail
- Section 80
- Bharatiya Nyaya Sanhita
- dowry death
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78336 of 2025
Arising Out of PS. Case No.-662 Year-2024 Thana- GARKHA District- Saran
======================================================
Bijendra Sharma, S/o Umesh Sharma, Resident of Village- Garkha, PS-
Garkha, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
Ms. Kritika Kumari, Advocate
Mr. Himanshu Ranjan, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Garkha P.S. Case no.662
of 2024 registered under section 80 of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the daughter of the
informant was done to death by the accused persons including
the petitioner herein who happens to be the husband of the
deceased due to non-fulfillment of the demand of dowry by way
of a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The
allegations of the demand of dowry etc. are all false and
concocted. The petitioner is in custody since 18.10.2024 and has
Patna High Court CR. MISC. No.78336 of 2025(4) dt.11-02-2026
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no criminal antecedent. Charge-sheet has been submitted in the
case.
5. The application for bail is opposed by learned
A.P.P for the State who submits that besides the petitioner being
the husband of the deceased, there is direct allegation against
him in the F.I.R. Further the prosecution case is supported by
witnesses whose statement have been recorded in course of
investigation in paragraph nos.10, 21 and 22 of the case diary.
Further, the S.D.P.O. has also found the case to be true.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner
who happens to be the husband of the deceased together with
the material that has transpired in course of investigation, the
Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
(Partha Sarthy, J)
avinash/-
U T
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