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Patna High Court

Ram Bharos MishraversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court ordered the release of the petitioners on bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Ram Bharos Mishra and his wife Ram Sati Devi, sought bail fearing arrest in a case registered under Sections 130(1), 80(1), 61(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleges that they, along with others, demanded dowry and, when the demand was not met, subjected the informant’s sister to cruelty and eventually killed her by pressing her neck. The petitioners contend they are innocent, were living separately from the deceased since 2008, and that the deceased suffered from mental illness and committed suicide, emphasizing their advanced ages (approximately 75 and 62) and clean criminal records. The State opposed the bail application. After considering the allegations, the petitioners' age, lack of prior convictions, and the circumstances presented, the Court granted bail subject to a bond of Rs.10,000 with two sureties and a six‑week surrender condition under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

  • Whether bail should be granted to the accused under the provisions of the Bharatiya Nyaya Sanhita considering the nature of the offences and the petitioners' personal circumstances

Legislation cited

Subjects

  • bail
  • dowry harassment
  • cruelty
  • murder
  • elderly accused
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.21300 of 2026
                 Arising Out of PS. Case No.-351 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
           1.     Ram Bharos Mishra S/O Late Suraj Mishra R/O Village- Gola Pakariya, P.S-
                  Lakhaura, Distt.- East Champaran.
           2.    Ram Sati Devi @ Sundar Kanti Devi W/O Ram Bharos Mishra R/O Village-
                 Gola Pakariya, P.S- Lakhaura, Distt.- East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Kundan Rathore@Kundan Kumar, Advocate
                 For the Opposite Party/s :     Mr. Mithlesh Kumar Khare, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   01-07-2026                            Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2. The petitioners apprehend their arrest in a case regis-

                   tered under Sections 130(1), 80(1), 61(1), 238, 3(5) of Bharatiya

                   Nyaya Sanhita.

                              3. As per prosecution case, it is alleged that after the

                   marriage of informant’s sister with Navin Kumar Mishra, peti-

                   tioners along with other accused persons started demanding

                   dowry of a four wheeler vehicle and 10 Dhurs land in Motihari

                   city and non-fulfillment of the same, informant’s daughter sub-

                   jected to cruelty. It is further alleged that on 12.12.2025, peti-

                   tioners along with other accused persons alleged to have killed
Patna High Court CR. MISC. No.21300 of 2026(3) dt.01-07-2026
                                            2/3




          the sister of the informant by pressing her neck.

                   4. Learned counsel for the petitioners submits that peti-

          tioners are innocent and have falsely been implicated in this

          case. Learned counsel for the petitioners further submits that

          since the marriage of the deceased with the co-accused Naveen

          Kumar Mishra solemnized in the year 2008, petitioners were

          living separately and they had no concern with the matrimonial

          affairs of the deceased and her husband. The husband of the de-

          ceased was in custody and was granted bail by the co-ordinate

          Bench of this Court vide order dated 25.06.2026 in Cr. Misc.

          No. 41377 of 2026. The charge-sheet against the husband of the

          deceased has been submitted by the Police under Sections

          108(1), 238(B), 3(5) of the BNS. Further he submits that the de-

          ceased was suffering from mental illness and was under treat-

          ment at BHU Hospital, Varanasi and she committed suicide.

          Learned counsel for the petitioner also submits that presently

          the two children of the deceased are residing with the informant

          and the informant and his relatives filed this case against the pe-

          titioners with ulterior motive. He next submits that petitioners

          are old persons, aged about 75 years and 62 years respectively

          and they are having no criminal antecedent. They undertake to

          investigate in the investigation and trial.
            Patna High Court CR. MISC. No.21300 of 2026(3) dt.01-07-2026
                                                        3/3




                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                              6. Having considered the facts and circum-

                      stances of the case, and submissions of learned counsel for the

                      parties, old age and clean antecedents of the parties, let the

                      above named petitioners be released on bail, in the event of ar-

                      rest or surrender before the learned court below within a period

                      of six weeks from today, on furnishing bail bonds of Rs.10,000/-

                      (Rupees Ten Thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Chief Judicial Magis-

                      trate, Motihari, East Champaran/concerned Court in connection

                      with Lakhaura P.S. Case No. 351 of 2025 subject to the condi-

                      tions as laid down under Section 482(2) of the Bharatiya Na-

                      garik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
Koustav/-

U      T


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