Twisha Sharma Dowry Death Case: Husband Withdraws Anticipatory Bail Plea From MP HC; Seeks To Surrender Before Trial Court
Twisha Sharma's husband, Samarth Singh, who has been booked in an alleged case of dowry death, withdrew his anticipatory bail plea from the Madhya Pradesh High Court on Friday (May 22).The bench of Justice Avanindra Kumar Singh, in his order, directed; "at the outset, the counsel for Applicant Samarth Singh seeks withdrawal of this MCRC with liberty to surrender before the Trial Court and...
Twisha Sharma's husband, Samarth Singh, who has been booked in an alleged case of dowry death, withdrew his anticipatory bail plea from the Madhya Pradesh High Court on Friday (May 22).
The bench of Justice Avanindra Kumar Singh, in his order, directed;
"at the outset, the counsel for Applicant Samarth Singh seeks withdrawal of this MCRC with liberty to surrender before the Trial Court and the Trial Court shall dispose of regular bail. Whereas this is strongly opposed by Solicitor General Tushar Mehta and Advocate General Prashant Singh.
This court is of the view that the correct procedure is that if the accused apprehends torture at the hands of the police, then he may surrender before the Trial Court or the IO. If he surrenders before IO, then they make a formal arrest and produce before a competent court within 24 hours, or seek judicial custody or police custody of the accused. If the accused surrenders before trial or remand court, then the court is bound to send a copy of the surrender application to the concerned SHO, who shall produce the diary and make an appropriate application in this regard.
The petition is thus disposed of".
Twisha Sharma, a 33-year-old woman, was found dead at her matrimonial home in Bhopal on May 12. An FIR has been lodged under BNS Sections 80(2) (dowry death), 85 (cruelty) and 3(5) (common intention) and Sections 3 (giving or taking dowry) and 4 (demanding dowry) of the Dowry Prohibition Act.
The mother-in-law, a retired District Judge, was granted anticipatory bail by the Bhopal Sessions Court on May 15. The trial court, however, denied anticipatory bail to the husband, Samarth Singh, noting that the main allegations appear to be against him.
During the hearing today, Senior Advocate Mrigendra Singh, appearing for Samarth, informed the court that the petitioner wanted to withdraw the anticipatory bail petition as he was ready to surrender, but sought permission to surrender before the Trial Court.
Solicitor General Tushar Mehta, appearing for the prosecution, objected to the prayer, stating that the petitioner could surrender before the Investigating officer.
Meanwhile, the court also issued notice on Twisha's father's plea challenging the anticipatory bail granted to the mother-in-law; the court also issued notice on the State's plea challenging the same.
The court, however, has directed a second post-mortem of the deceased's body to be conducted by a team of doctors from AIIMS Delhi in Bhopal.
Case Title: Samarth Singh v State of Madhya Pradesh, MCRC 24352 of 2026
Citation: 2026 LiveLaw (MP) 171
For Applicant: Senior Advocate Mrigendra Singh with Advocate Saurabh Sunder
For State: Solicitor General Tushar Mehta, Advocate General Shri Prashant Singh, Additional Advocate General H.S. Ruprah, with Government Advocates Amit Pandey & A.S. Baghel