Patna High Court
Ram Ekwal Sah @ Bhutan Sah @ Ramakwal SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Given the prima facie general nature of the allegations and the petitioners’ advanced age and health, the court exercised its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail subject to strict conditions.
Summary
The petitioners, Ram Ekwal Sah and Dana Devi, father‑in‑law and mother‑in‑law of the informant, were named in a 2017 complaint under Section 498A IPC alleging that they, along with others, assaulted and evicted the informant from her matrimonial home in 2013 over alleged dowry non‑payment. The petitioners, both elderly and suffering from health ailments, sought anticipatory bail, arguing that the complaint merely listed them because of their relationship to the complainant and that no specific allegation was made against them. The State opposed the bail. The Court observed that the allegations were general and omnibus, and considering the petitioners’ advanced age and infirmity, exercised its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail, subject to strict conditions including a bail bond, sureties, appearance before the trial court, and non‑interference with witnesses. The order directed that bail be released within six weeks of the order if the petitioners are arrested or surrender. The bail was conditioned on compliance with the stipulated terms.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS in a case registered under Section 498A IPC.
- Whether the general and omnibus nature of the allegations against the petitioners justifies denial of bail.
- Whether the petitioners’ advanced age and health conditions are relevant factors for the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A IPC
- dowry harassment
- elderly defendants
- Section 482(2) BNSS
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15572 of 2026
Arising Out of PS. Case No.-429 Year-2017 Thana- COMPLAINT CASE - BIRPUR District-
Supaul
======================================================
1. Ram Ekwal Sah @ Bhutan Sah @ Ramakwal Sahu Son of Late Lakhan Sah
Resident of village- Kunauli, Ward no. 1, Ps- Kunauli, Dist- Supaul
2. Dana Devi Wife of Ram Ekwal Sah @ Bhutan Sah Resident of village-
Kunauli, Ward no. 1, Ps- Kunauli, Dist- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. Renu Kumari wife of Ashok Kumar Sah Resident of village-Birpur Ward no.
1, Ps- Birpur, Dist- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Singh, Adv.
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Complaint Case No. 429C of 2017 for the
offence punishable under sections 498A of the IPC lodged by
the informant on 27.11.2017.
3. As per the prosecution case, the allegation against
the petitioners is that they along with others had assaulted and
ousted the informant on 12.08.2013 from the matrimonial home
after taking her belongings due to non fulfillment of dowry. The
informant was married in the year 2001 and she has been
blesses with four children. Since thereafter, she has been living
at her ‘Naihar’.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.15572 of 2026(2) dt.12-03-2026
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petitioners are father-in-law and mother-in-law of the informant
respectively. The name of these petitioners have been
incorporated in the complaint case with ulterior motives merely
because they are parents-in-law while there is nothing specific
alleged against them. The marriage is of 17 years old and they
have got no concerned with day-to-day affairs of the
complainant. The petitioners are aged about 74 years and 68
years respectively, they are also suffering from various old age
ailments. Therefore, they are seeking anticipatory bail.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Considering the nature of allegation which prima
facie looks general and omnibus against these petitioners, they
are old parents-in-law suffering from old age ailments, 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 Judicial Magistrate,
1st Class, Birpur/the court concerned in connection with
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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
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
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