Patna High CourtCR. MISC./36861/2025disposed

Shyamu Sharma v. The State Of Bihar

2025-09-11Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36861 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- BHITAHA District- West Champaran ====================================================== Shyamu Sharma S/o Satan Sharma R/o vill - Hathuahava Madhubani, P.S.- Bhitaha, Distt.- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Bhitaha P.S. Case No. 119 of 2024 for the offence registered under sections 80(2) and 108 of the BNS as well as Sections 3⁄4 of the Dowry Prohibition Act lodged on 09.10.2024 by the informant, Bikau Sharma.

3. As per the prosecution story, the informant alleged that the daughter was married to this petitioner but was always tortured for dowry and on 05.10.2024, came the information that she has hanged herself to death. The family members including the petitioner having regularly tortured her, she was forced to take the extreme step. This led to the FIR.

4. Learned counsel for the petitioner submits that the allegation of demand of Rs. 2,00,000/- and/or the motorcycle

Patna High Court CR. MISC. No.36861 of 2025(3) dt.11-09-2025 2/2 has only been made after the alleged suicide took place. No such demand was ever made and the fact remains that she was a short tempered lady having illicit relationship with other persons. Upon protest, she committed suicide.

5. Learned APP on the other hand opposes the prayer submitting that though the cause of death is Asphyxia due to hanging, the prosecution witnesses have supported the FIR that she was regularly tortured which forced her to take extreme step. The allegation is that even when being outside the State for work, she was tortured by the family members.

6. Considering the submissions of the parties as also the materials on record coupled with the allegation that has come against the petitioner, it would be appropriate that he seek bail.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) Vijay Singh/- U