Patna High Court
Ramdev SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner, subject to a bond and specific conditions, as the allegations were general and no specific evidence was presented.
Summary
The petitioner, Ramdev Sah, sought bail fearing arrest in a complaint (Case No.103 of 2023) alleging offences under IPC sections 323, 504, 498A, 307, 313, 34 and Dowry Prohibition Act sections 3 and 4. The FIR alleged that he, together with family members, assaulted the complainant and expelled her from her matrimonial home. The petitioner claimed innocence, stating that the allegations were general and omnibus, that he is the complainant’s father‑in‑law, does not reside with the complainant, and has no criminal record. The State’s counsel did not contest these submissions. The Court observed that the allegations were indeed general and, in the absence of specific evidence, ordered the petitioner’s release on bail subject to a bond of Rs.10,000 with two sureties and several conditions under Section 482(2) of the BNSS. The bail order also imposed obligations to appear before the trial court, refrain from tampering with witnesses or evidence, and not commit further offences.
Issues considered
- Whether bail should be granted to the petitioner when the allegations are general and omnibus in nature
- Whether the petitioner’s lack of criminal antecedents and the absence of specific evidence warrant bail
Legislation cited
- BNSS — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 313, 323, 34, 498A, 504
Subjects
- bail
- general allegations
- IPC offences
- Dowry Prohibition Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15446 of 2026
Arising Out of PS. Case No.-103 Year-2023 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Ramdev Sah Son of Late Jagdish sah Resident of Village - Bari Nagar, P.S. -
Barari, Dist. - Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Laxmi Kumari D/o Mukesh Prasad Gupta R/o Barinagar, P.S. - Barari,
Presently R/o Fulbania Chowk, P.S. - Korha, Dist. - Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No.103 of 2023, registered for
the offence punishable under Sections 323, 504, 498A, 307,
313, 34 of the Indian Penal Code and 3, 4 of the Dowry
Prohibition Act.
3. As per the FIR, the allegation against the
petitioner is that he, in association with his family members
assaulted the complainant and ousted her from her matrimonial
house.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.15446 of 2026(2) dt.12-03-2026
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the petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner is the father-in-law
of the complainant and that there are only general and omnibus
allegations against him. The complainant has implicated the
entire family, whereas, as a matter of fact, the petitioner does
not reside with the complainant or her husband. Lastly, it is
submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has not controverted the submissions of the learned counsel for
the petitioner.
6. Taking into account that there is general and
omnibus allegation against the petitioner, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Sub-Divisional Judicial
Magistrate, Katihar/Successor Court in connection with
Complaint Case No.103 of 2023, 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
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member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit 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/her/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 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 their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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