Patna High Court
Rajesh RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner, finding no risk of absconding or evidence tampering.
Summary
Petitioner Rajesh Ram, father‑in‑law of the deceased Priyanka Kumari, was arrested in a dowry‑death case registered under Sections 80 and 3(5) of the Bihar Narcotic Substances Act. He claimed innocence, stating he lived separately from the accused husband and had no involvement in the family dispute. The prosecution alleged continuous assault and cruelty by the husband and in‑laws, leading to the deceased’s death. The petitioner sought regular bail, arguing that the charge‑sheet had already been filed, he had no criminal antecedents, and a similarly situated co‑accused (Rita Devi) had already been granted bail. The State opposed the bail. Considering the filed charge‑sheet, lack of flight risk, and the precedent of bail to the co‑accused, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to the petitioner under Sections 80 and 3(5) of the Bihar Narcotic Substances Act after the charge‑sheet has been filed.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80
Subjects
- regular bail
- dowry death
- Bihar Narcotic Substances Act
- Sections 80
- Section 3(5)
- charge sheet
- co‑accused
- father‑in‑law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11910 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- DARIHAT District- Rohtas
======================================================
Rajesh Ram Son of Late Radha Ram R/o Village - Chhotaki Bhadkuriya, P.S.
- Darihat, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered
under Sections 80 and 3(5) of the B.N.S.
3. As per prosecution case, it is alleged that the
deceased Priyanka Kumari married to Birendra Kumar on
27.05.2025 was subjected to continuous assault and cruelty by
her husband and in-laws on account of non-fulfillment of
demand of dowry. On 21.8.2025 the deceased called her mother
while weeping and thereafter information was received to the
effect that her daughter (deceased) died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is submitted that the petitioner is father-in-law of the
Patna High Court CR. MISC. No.11910 of 2026(2) dt.25-02-2026
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deceased and he was living separately from the husband of the
deceased and he has no concern with the family affairs of the
deceased. The allegation is general and omnibus. The husband
of the deceased is in custody. Similarly situated co-accused,
namely, Rita Devi (mother-in-law of deceased) has already been
granted regular bail by a Coordinate Bench of this Court vide
order dated 20.02.2026 passed in Cr. Misc. No.10364 of 2026.
The charge sheet has already been submitted and there is no
chance of absconding of the petitioner or tampering with the
evidence. Petitioner is in jail since 22.08.2025 having no
criminal antecedent and he undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Considering the facts and circumstances of the
case, submissions of the parties and the facts that similarly
situated co-accused i.e. mother-in-law of the deceased has
already been granted regular bail by a Coordinate Bench of this
Court, charge sheet has already been submitted, petitioner is
father-in-law of deceased having no criminal antecedent and
period of custody undergone by him, let the above named
petitioner be released on bail on furnishing bail bond of
Rs.10,000/- (rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.11910 of 2026(2) dt.25-02-2026
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amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Dehri, Rohtas/concerned court in connection with
Darihat P.S. Case No.60 of 2025.
(Sunil Dutta Mishra, J)
Harish/-
U T
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