Patna High Court
Rambabu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application, directing the petitioner to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Rambabu Ram, applied for regular bail in a case registered under Sections 103(1), 238 read with Section 3(5) of the B.N.S., alleging dowry‑related torture and the death of his wife, the informant’s daughter. The prosecution alleged that the petitioner and co‑accused tortured the daughter to demand dowry and that she died following abdominal pain, with the body allegedly disposed of. The petitioner contended that the marriage was a love marriage, no dowry was demanded, no prior complaint existed, the death was not unnatural, and no charge‑sheet had been filed under Section 80 of the B.N.S. He also highlighted his lack of criminal antecedents and the welfare of three minor children. The State and the informant opposed bail, maintaining the seriousness of the allegations. After considering the facts, the court directed that the petitioner be released on bail upon furnishing a bail‑bond of Rs.10,000 with two sureties, and allowed the application.
Issues considered
- Whether regular bail can be granted to the petitioner accused under Sections 103(1), 238 and 3(5) of the B.N.S. for alleged dowry harassment and death
- Whether the allegations constitute a non‑bailable offence warranting denial of bail
- Whether the absence of a charge‑sheet under Section 80 of the B.N.S. affects the bail decision
Legislation cited
- B.N.S. — s. 103, 238, 3, 80
Subjects
- dowry harassment
- regular bail
- death investigation
- domestic violence
- B.N.S.
- Section 103
- Section 238
- Section 3(5)
- Section 80
- love marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21531 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- GARKHA District- Saran
======================================================
Rambabu Ram S/o Shree Kishun Ram @ Kishun Ram R/o Village - Hakma,
P.S - Garkha, District - Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vishwakarma Ram S/o Late Dhurendra Ram R/o Village - Chetan Chapra,
P.S - Baiyapur, District - Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chetna, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
For the Informant : Mr. Kaustush Prakash, Advocate
Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Garkha P.S. Case No.
296 of 2025 dated 02.05.2025 registered for the offences
punishable under Sections 103(1), 238 read with Section 3(5) of
B.N.S.
3. As per the prosecution case, the daughter of the
informant was married with the petitioner 12 years ago and out
of the wedlock three children were born. The marriage between
the petitioner and the daughter of the informant was a love
marriage. The petitioner and the co-accused persons jointly used
Patna High Court CR. MISC. No.21531 of 2026(3) dt.07-05-2026
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to torture the daughter of the informant in connection with
demand of dowry. It has further been alleged that on 01.05.2025
about 8:30 AM, one boy named, Deepak who was working in
the band party of the son-in-law of the informant, informed him
through phone that the daughter of the informant has got an
abdominal pain, she was taken for treatment but she could not
survive. Thereafter, the informant and other family members
went to the matrimonial house of his daughter where nobody
was found.
4. Learned counsel for the petitioner submits that the
petitioner happens to be the husband of the deceased. As per the
FIR itself the marriage between the petitioner and the daughter
of the informant was love marriage obviously there was no
demand of dowry. It has further been submitted that for 12 years
even after love marriage between the petitioner and the daughter
of the informant no complaint was ever made. It has further
been submitted that charge-sheet has not been filed under
Section 80 of the B.N.S. It has further been submitted that the
information regarding the abdominal pain and treatment of the
daughter of the informant was promptly informed to the
informant. It has further been submitted that since it was a love
marriage, the informant was not having good relationship with
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the petitioner and his daughter and after the death of his
daughter, the informant had developed a good opportunity to
falsely implicate the petitioner. It has further been submitted that
the death was not unnatural. It has further been submitted that
the petitioner is in custody since 14.09.2025 and he has got no
criminal antecedent. It has further been submitted that out of the
wedlock three minor children are in the house of the petitioner
and there is no one to care for them.
5. Learned A.P.P. for the State as well as learned
counsel for the informant have vehemently opposed the prayer
for bail of the petitioner. Learned counsel for the informant has
further submitted that the petitioner happens to be the husband
of the deceased. There is an allegation of demand of dowry and
torture against the petitioner and even the dead body was
disposed of.
6. Heard the parties and perused the records.
7. Considering the aforesaid facts and circumstances
of the case, the petitioner above-named is directed to be
enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Court of District & Additional Sessions
Judge-15, Saran, Chapra in connection with Garkha P.S. Case
Patna High Court CR. MISC. No.21531 of 2026(3) dt.07-05-2026
4/4
No. 296 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
atul/-
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