Patna High Court
Ram Das Thakur @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to bail bond, sureties and compliance with Section 482(2) of the BNSS.
Summary
The petitioners, four male relatives of a victim in a dowry‑death case, sought anticipatory bail fearing arrest under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita. They argued they have clean antecedents, were falsely implicated by an informant, and that co‑accused in the same case had previously been granted anticipatory bail. The State opposed the bail but could not refute the earlier bail order. The Court, considering the petitioners' submissions and the prior order, granted anticipatory bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS, subject to cancellation if they fail to cooperate with the investigation. The order directed that a copy be sent to the police station via the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita in a dowry‑death case.
- Whether the petitioners are likely to abscond or tamper with evidence, justifying denial of bail.
- Whether the conditions under Section 482(2) of the BNSS are satisfied for granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 238, 3(5), 482(2), 80
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80
- Section 238
- Section 3(5)
- Section 482
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24928 of 2026
Arising Out of PS. Case No.-565 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
1. Ram Das Thakur @ Jitendra Kumar S/O Ram Kumar Thakur Resident of
Village- Amarpur, P.S.- Sonbarsa Kachahari, District- Saharsa
2. Muklesh Thakur @ Muklesh Kumar Son of Ram Kumar Thakur. Resident of
Village- Amarpur, P.S.- Sonbarsa Kachahari, District- Saharsa
3. Kailash Thakur Son of Lakshman Thakur @ Lachan Thakur Resident of
Village- Amarpur, P.S.- Sonbarsa Kachahari, District- Saharsa
4. Rajesh Thakur @ Rajesh Kumar Son of Ratan Thakur Resident of Village-
Amarpur, P.S.- Sonbarsa Kachahari, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamal Kishore Singh
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 80, 238
and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that her daughter was married to Mithlesh in April 2024,
further on 15-5-2025 the father-in-law of the victim called and
informed that victim received electric current, thus she is being
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taken to the hospital, on query with regard to the name of the
hospital, the same was not disclosed, thereafter informant tried
to call other family members of the victim’s husband, but their
mobile phone was switched off, further alleges that on the next
day, when grand-father of the victim reached the place of
occurrence, he was informed by the villagers that the victim had
been killed by the accused persons and endeavors were made to
cremate her, further the accused persons for dowry used to
torture the victim, as was disclosed by the victim earlier.
4. Learned counsel for the petitioners submits that
petitioner no. 1 is brother-in-law (dewar), petitioner no. 2 is
brother-in-law (bhaisur), petitioner no. 3 is cousin father-in-law
and petitioner no. 4 is cousin brother-in-law. It is next submitted
that petitioners have been falsely implicated in the instant case
by the informant based on suspicion. It is further submitted that
similarly situated co-accused Ram Kumar Thakur and Chanda
Devi had approached this Court seeking anticipatory bail by
filing Cr. Misc No. 71014 of 2025 and the same came to be
allowed by an order dated 4-11-2025 after considering the case
on merits and in detail. It is also submitted that husband is in
custody. It is further submitted that petitioners will not abscond
rather will cooperate in the investigation to prove their
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innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners but then is not in a position to
rebut the submission made by learned counsel appearing on
behalf of the petitioners that Ram Kumar Thakur and Chanda
Devi had been granted the privilege of anticipatory bail by this
Court.
6. Considering the submissions made by the learned
counsel for the petitioners and taking into consideration the
order dated 4-11-2025 in Cr. Misc No. 71014 of 2025, the
petitioners above-named, in the event of their arrest or surrender
before the learned trial court within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Saharsa (Sadar) P.S. Case No. 565 of 2025, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioners,
despite giving assurance to this Court, are not cooperating in the
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investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
(Satyavrat Verma, J)
Sumit/-
U T
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