Patna High Court
Gopal SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was denied as the court was not inclined to grant privilege given the seriousness of the allegations.
Summary
Gopal Sharma applied for anticipatory bail fearing arrest in a case involving the alleged throttling death of a 16‑year‑old girl, his daughter‑in‑law, under Sections 103(2), 80, 85 of the BNS and Section ¾ of the Dowry Prohibition Act. The prosecution alleged that Sharma and his family had assaulted the girl and threatened her over dowry demands, leading to her death. Sharma contended he was innocent, had no criminal record, and the allegations were vague. The State opposed the bail, emphasizing the seriousness of the charge. The court, noting the grave nature of the accusations and possible involvement of the petitioner, declined to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to Gopal Sharma in view of the allegations under Sections 103(2), 80, 85 of BNS and Section ¾ of the Dowry Prohibition Act.
Legislation cited
- BNS — s. 103(2), 80, 85
- Dowry Prohibition Act — s. ¾
Subjects
- anticipatory bail
- dowry death
- criminal law
- BNS
- Dowry Prohibition Act
- Section 103(2)
- Section 80
- Section 85
- Section ¾
- murder
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9636 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- Bhawanipur District- Bhagalpur
======================================================
Gopal Sharma S/o Late Chhedi Sharma R/o Village- Raipur, P.S.-
Bhawanipur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar, Adv.
For the State : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bhawanipur P.S. Case No. 141 of 2025, registered for the
offences punishable under Sections 103(2), 80, 85 of BNS and
Section ¾ of D.P. Act.
3. The prosecution case, in brief, is that the informant
alleged that on 12.07.2025 he received information that his 16-
year-old daughter had been killed by throttling. Upon reaching
the place of occurrence with his family, he found villagers and
police present. It is alleged that the deceased had earlier been
assaulted by the petitioner and his family members and she had
also informed about dowry demands for a bed, gold, and ₹2
lakh, along with threats to kill her.
Patna High Court CR. MISC. No.9636 of 2026(3) dt.01-04-2026
2/2
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated. The
petitioner does not bear any criminal antecedent. The petitioner
is father-in-law of the deceased and the allegation against him is
general and omnibus.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the seriousness of the allegation that
all the accused persons including the petitioner were involved in
throttling the daughter of the informant which led to her death, I
am not inclined to grant privilege of anticipatory bail to the
petitioner.
7. This bail application is accordingly rejected.
(Alok Kumar Sinha, J)
kundan/-
U T
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