Patna High Court
RAMJANAM PRASADversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court held that anticipatory bail should be granted to the petitioners as there is no specific allegation or material linking them to the offence.
Summary
The petitioners, Ramjanam Prasad and Tushal Kumar, father‑in‑law and nephew of a woman who allegedly died by drowning, were implicated in FIR No. 157 of 2025 under Sections 103(2) and 3(5) of the BNS, 2023. They filed an anticipatory bail application claiming they were falsely implicated, noting that the FIR contains no specific allegation against them and that the post‑mortem report points to accidental drowning. The husband of the deceased, already in custody, is the primary accused, and the investigation has produced no material linking the petitioners to the crime. The Court observed the lack of overt acts, the advanced age of one petitioner and the tenuous nature of the allegations, and considered the statutory provisions for anticipatory bail. Accordingly, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 each with two sureties. The order is subject to the conditions of Section 438(2) CrPC and Section 482(2) of the BNS, 2023.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting anticipatory bail under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNS, 2023 to the petitioners?
- Whether the absence of specific allegations and material evidence against the petitioners warrants the grant of anticipatory bail?
Legislation cited
- BNS, 2023 — s. 103(2), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- false implication
- Section 438
- Section 482
- BNS Act 2023
- post‑mortem report
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13421 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- BELCHHI District- Patna
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1. RAMJANAM PRASAD S/o- Late Sheo Mahto Resident of Village- Jakki
(Janki) Police Station- Bind District- Nalanda
2. Tushal Kumar @ Tusar @ Avinash Kr. S/o- Shambhu Kumar @ Shambhu
Prasad Resident of Village- Jakki (Janki) Police Station- Bind District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the State : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Belchhi Police Station Case No. 157 of 2025,
disclosing offences under Sections 103(2) and 3(5) of the BNS,
2023.
3. As per the First Information Report, the marriage
of the informant’s daughter was solemnized with co-accused Santu
Kumar in the year 2014. After the marriage, the husband of the
informant’s daughter, along with his elder brother (bhaisur) and
the brother’s wife, started torturing the deceased and demanding
dowry. On 31.08.2025, the informant received information that his
daughter has died and her dead body was lying in a pond. The
informant has raised suspicion that the husband and in-laws of the
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deceased killed her and threw her body into the pond.
4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the present case. In
the entire FIR, no overt act has been alleged against the
petitioners, who are the father-in-law and nephew of the deceased.
The deceased was suffering from mental health and was
undergoing treatment at a hospital in Kanke, Ranchi. On
01.09.2025, the husband of the deceased, Santu Kumar, informed
the police about the unnatural death of the deceased, upon which
the police registered U.D. Case No. 07 of 2025. Subsequently, on
02.09.2025, the present FIR was lodged by the informant,
implicating all the family members, including the petitioners.
Referring to paragraph 8 of the bail application, learned counsel
submits that, as per the postmortem report, the abdominal viscera
was congested, the uterus was empty, and the stomach contained
digested food and was filled with muddy water. The findings
recorded by the doctor lead to the natural conclusion that the
deceased died due to drowning, which is apparent from the report.
In the entire FIR, the name of the petitioners have been mentioned
only in the last portion, without any specific role being
assigned to them, and that too merely on the basis of suspicion.
During the course of the investigation, no cogent material has
surfaced against the petitioners to connect them with the present
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offence. The husband of the deceased is already in custody.
5. Having regard to the submissions made on behalf
of the parties and taking into consideration the nature of allegation
and the fact that petitioner no. 1 aged about 66 years and petitioner
no. 2 aged about 20 years, I am inclined to grant the petitioners
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four weeks,
be released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate, Barh,
Patna, in connection with Belchhi Police Station Case No. 157 of
2025, subject to the condition laid down under Section 438 (2) of
the Code of Criminal Procedure/Section 482(2) of the BNSS,
2023.
(Anil Kumar Sinha, J)
priyanka/-
U T
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