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Patna High Court

Rajnandan PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners with conditions under Section 482(2) of the BNSS.

Summary

The petitioners, a grandfather and grandmother, were implicated in a murder case (Hilsa P.S. Case No. 712 of 2025) concerning the death of their granddaughter, Natni, alleged under sections 103(1) and 238(a) of the BNS. They sought anticipatory bail, arguing that they had raised the child for thirteen years and that the case diary suggested a possible suicide and the victim's mental instability, supported by a neighbor's testimony. The State opposed the bail, contending that the petitioners should have been more careful given the victim's mental condition. The Court, after examining the material, found the allegations against the grandparents prima facie improbable and therefore granted anticipatory bail with a bond of Rs.10,000 and specific conditions. The order directed that bail be effective upon arrest or surrender within six weeks, subject to compliance with conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the murder allegation.
  • Whether the material in the case diary and the victim's mental health create sufficient ground to deny bail.

Subjects

  • anticipatory bail
  • murder
  • suicide
  • mental health
  • Section 103
  • Section 238
  • Section 482
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11509 of 2026
                        Arising Out of PS. Case No.-712 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
           1.     Rajnandan Prasad Son of Late Hitan Gope Resident of Bhattbigha, P.S.-
                  Hilsa, District- Nalanda
           2.    Chinta Devi W/o Rajnandan Prasad Resident of Bhattbigha, P.S.- Hilsa,
                 District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gautam, Adv
                 For the Opposite Party/s :       Mr.Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   01-04-2026                        Heard learned counsel for the petitioners and

                    learned APP for the State.

                                 2. The petitioners are apprehending their arrest in

                    connection with Hilsa P.S. Case No. 712 of 2025 for the offence

                    punishable under sections 103(1), 238(a) of the BNS lodged on

                    08.10.2025 by the informant, Surendra Prasad.

                                 3. As per the prosecution case, the informant alleged

                    that his grand-daughter (Natni) has been strangulated to death.

                    Accordingly, the FIR.

                                 4. Learned counsel for the petitioners submits that

                    petitioners no.1 and 2 are grand-father and grand-mother of the

                    deceased respectively, who have been implicated in this case for
Patna High Court CR. MISC. No.11509 of 2026(3) dt.01-04-2026
                                            2/4




          having done to death his own grand-daughter who was residing

          along with them after the death of her mother who died 15

          years ago. The case diary, in this case was called for on

          24.02.2026 and from perusal of paragraph-8 of the same, there

          seems to be probability that the deceased might have committed

          suicide. One another witness, namely, Jugal Kumar, who

          happens to be one of the neighbors of the petitioners, is said to

          have stated that the mental status of deceased was not sound.

          Learned counsel further submits that these petitioners being

          grand parents have raised her for 13 years after death of her

          mother and how could they kill her own grand-daughter. It has

          also been submitted that the father of the deceased had left the

          house after the death of his wife and contracted second

          marriage and the victim/deceased was being brought up by

          these petitioners.

                       5. Learned APP opposes the prayer for anticipatory

          bail and submits that the petitioners should have been very

          much careful while taking care of the victim as she is stated to

          be mentally not sound.

                       6. Considering the submissions of the parties and the

          fact that, prima facie, it seems improbable that the grand

          parents could have killed their own grand-daughter after raising
Patna High Court CR. MISC. No.11509 of 2026(3) dt.01-04-2026
                                            3/4




          her for thirteen years in consonance with the materials that has

          come in the case diary, this Court is inclined to extend them the

          privilege of anticipatory bail.

                       7. Let the petitioners, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) each with two sureties of like

          amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate-1, Hilsa, Nalanda in connection with

          aforesaid PS Case, subject to the conditions as laid down under

          Section 482(2) of the BNSS as well as the following

          conditions:-

                                                  (i) one of the bailors should be the
                                   family member/relative of the petitioner(s)
                                   who shall provide official document to show
                                   his/her bona fide;
                                                  (ii) the petitioner(s) shall appear
                                   on each and every date before the Trial
                                   Court and failure to do so for two
                                   consecutive dates without plausible reason
                                   will entail cancellation of his/their bail bond
                                   by the Trial Court itself;
                                                  (iii) the petitioner(s) shall in no
                                   way try to induce or promise or threat the
                                   witnesses or tamper with the evidences,
                                   failing which the State shall be at liberty to
             Patna High Court CR. MISC. No.11509 of 2026(3) dt.01-04-2026
                                                         4/4




                                                take steps for cancellation of the bail bonds;
                                                               (iv) the petitioner(s) shall desist
                                                from committing any criminal offence again,
                                                failing which the State shall be at liberty to
                                                take steps for cancellation of his/their bail
                                                bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


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