Patna High Court
Ratani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The High Court granted bail to the petitioners, subject to conditions, recognizing the possibility of false implication.
Summary
The petitioners, who are the parents‑in‑law and sister‑in‑law of a deceased woman, sought relief fearing arrest in a case (Azamnagar P.S. Case No. 408 of 2025) involving alleged offences under Sections 103(1), 80, 238 and 61(2) read with Section 3(5) of the IPC. The deceased was found dead, 500 metres from her matrimonial home, and the post‑mortem report indicated death by drowning with no external injuries. The petitioners contended that they were falsely implicated, arguing that the death was an accidental drowning and that the informant was displeased with the marriage. The State opposed the bail application. Considering the post‑mortem findings, the familial relationship, and the possibility of false implication, the Court ordered that the petitioners be released on bail subject to a bond of Rs.10,000 each with two sureties and compliance with conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioners are entitled to bail pending investigation/arrest in the murder‑drowning case.
- Whether the allegations against the petitioners constitute false implication warranting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 103, 238, 3, 61, 80
Subjects
- bail
- false implication
- IPC
- CrPC
- inherent powers
- family dispute
- drowning
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19215 of 2026
Arising Out of PS. Case No.-408 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
1. Ratani Devi W/o Anil Das, R/o Village - Shitalmani, P.S - Azamnagar,
District – Katihar.
2. Anil Das @ Anil Chandra Das S/o Late Bagara Das, R/o Village -
Shitalmani, P.S - Azamnagar, District – Katihar.
3. Rakhi Devi W/o Raj Kumar Singh, R/o Village - Shitalmani, P.S -
Azamnagar, District – Katihar.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Ranjan, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Azamnagar P.S. Case
No. 408 of 2025, dated 24.10.2025, registered for the offences
punishable under Sections 103(1), 80, 238 and 61(2) read with
Section 3(5) of the Indian Penal Code.
3. As per prosecution case, the daughter of the
informant was married with co-accused Rajesh Das, and after nine
months of her marriage, her dead body was found at a distance of
five hundred meters from her matrimonial home.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.19215 of 2026(2) dt.06-04-2026
2/3
petitioners are innocent and they have falsely been implicated in
this case. The petitioner nos. 1 and 2 are parents-in-law and
petitioner no. 3 is married sister-in-law of the deceased and the
allegations levelled against them are general and omnibus. The
daughter of the informant had gone to a pond for washing clothes
and perhaps she slipped and drowned in that pond, and this fact is
also corroborated from the post-mortem report which shows no
external injury over the body and cause of death is stated to be
asphyxia as a result of drowning. There has been no complaint of
any wrongful act on part of the petitioners and the deceased
daughter of the informant had been living happily with her
husband in her matrimonial home. There was no reason for the
petitioners or the co-accused persons to kill the daughter of the
informant. Learned counsel further submits that the husband of the
deceased and her brother-in-law are in judicial custody since
06.01.2026. The petitioners are having antecedent of one case and
it relates to dispute with agnates and has been registered under
Sections 341, 323, 504 and 34 of the Indian Penal Code. Learned
counsel lastly submits that cause of false implication of the
petitioner is that the informant has not been happy with the
marriage of her daughter with the co-accused son of the petitioner
nos. 1 and 2 as she solemnized marriage without the concent of her
mother, the informant herein.
5. Learned APP opposes the submissions made on
Patna High Court CR. MISC. No.19215 of 2026(2) dt.06-04-2026
3/3
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the fact
that the petitioners are the in-laws of the deceased and further
considering the post-mortem report and also considering the
possibility of false implication, let the petitioners, above-named, in
the event of their arrest or surrender before the Court concerned
within a period of eight weeks from today, be released on bail, on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only)
each with two sureties of the like amount each to the satisfaction
of learned Chief Judicial Magistrate, Katihar, in connection with
Azamnagar P.S. Case No. 408 of 2025, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S. and other
following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the learned
trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…