Patna High Court

Saroj SharmaversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: PARTHA SARTHY

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Saroj Sharma, husband of a woman who died under suspicious circumstances, applied for regular bail in a case registered under Sections 302, 498A and 34 of the Indian Penal Code. The prosecution alleges that the petitioner murdered his wife for non‑fulfilment of dowry demands, citing bruises on the body and the relationship between the parties. The defence contended that the petitioner was falsely implicated, pointing out the lack of forensic evidence, an inconclusive post‑mortem report, and the petitioner’s clean criminal record. The court examined the material on record, including the charge sheet and forensic findings, and found no compelling reason to grant bail. Consequently, the bail application was rejected, with liberty granted to file a fresh bail petition after one year in custody or after framing of charge, whichever is later.

Issues considered

Whether the petitioner is entitled to regular bail despite being the husband of the deceased and facing charges of murder, dowry harassment and common intention.

Legislation cited

Indian Penal Code — s. 302, 34, 498A

Subjects

bail
murder
dowry death
IPC
regular bail
forensic report
criminal antecedent
charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89301 of 2025
                       Arising Out of PS. Case No.-118 Year-2024 Thana- CHENARI District- Rohtas
                 ======================================================
                 Saroj Sharma Son of Late Ram Awtar Sharma Resident of Village-
                 Narayanpur, P.S.- Chenari, District- Rohtas at Sasaram

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   24-02-2026                     1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Chenari P.S. Case

                   no.118 of 2024 registered under sections 302, 498A and 34 of

                   the Indian Penal Code.

                                    3. As per the prosecution case, the informant states

                   that his daughter who was married to the petitioner was tortured

                   for non-fulfillment of demand of dowry and ultimately done to

                   death.

                                      4. Learned counsel for the petitioner submits that

                   the petitioner has been falsely implicated in the case only for the

                   reason that he happens to be the husband of the deceased. No

                   material has transpired against the petitioner in course of

                   investigation to substantiate the allegation of murder. In the
Patna High Court CR. MISC. No.89301 of 2025(3) dt.24-02-2026
                                            2/3




          post-mortem report as the cause of death could not be

          ascertained, the viscera was preserved for examination. Even in

          the report of the Forensic Science Laboratory, no metallic,

          alkaloidal, glycosidal, pestical and volatile poison could be

          detected in the contents. The deceased died as a result of the

          illness. The petitioner is in custody since 23.10.2025 and has no

          criminal antecedent. Chargesheet has been submitted in the

          case.

                      5. The application for bail is opposed by learned A.P.P.

          for the State who submits that the petitioner happens to be the

          husband of the deceased. It is further submitted that there is

          specific allegation against the petitioner of having murdered the

          daughter of the informant for non-fulfillment of demand of

          dowry and the witnesses have supported the allegations levelled

          against the petitioner. Learned APP further submits that doctor

          found multiple bruise marks all over the body.

                       6. Having heard learned counsel for the parties and

          taking into consideration the facts and circumstances of the

          case, the petitioner being the husband of the deceased, the Court

          is not inclined to enlarge the petitioner on bail and the

          application is rejected.

                       7. Liberty is granted to the petitioner to renew his
            Patna High Court CR. MISC. No.89301 of 2025(3) dt.24-02-2026
                                                        3/3




                      prayer for bail after completing one year in custody and on

                      framing of charge, whichever is later.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T

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