Patna High Court
Rajnandan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
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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
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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
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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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