Created by Fuzzy Cloud

Patna High Court

Paramhans RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to bond, sureties and surrender conditions.

Summary

The petitioners, who are the father, mother, brother and sister of Raj Bahadur Ram, applied for anticipatory bail after being implicated in an FIR that primarily alleges that Raj Bahadur Ram pretended to marry a woman and demanded dowry, while also accusing him of assault. The informant, a married woman, claimed a live‑in relationship with Raj Bahadur Ram, who denied any marriage. The petitioners argued that they were named only because of their familial relationship and have no criminal antecedent. The State opposed the bail, but the court observed that the main thrust of the case is against Raj Bahadur Ram and that the petitioners are merely family members. Consequently, the court granted anticipatory bail to the petitioners, subject to a bail bond of Rs.10,000 with two sureties and a condition to surrender within four weeks, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail can be granted to family members who are co‑accused solely on the basis of their relationship with the principal accused
  • Whether the petitioners have sufficient grounds to claim they are not culpable despite being named in the FIR

Legislation cited

Subjects

  • anticipatory bail
  • false allegations
  • dowry
  • live‑in relationship
  • co‑accused
  • family members
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2898 of 2026
                  Arising Out of PS. Case No.-24 Year-2025 Thana- MAHILA P.S District- West Champaran
                 ======================================================
           1.     Paramhans Ram S/O Late Balchan Ram Resident of Village- Narainpur,
                  ward No. 11, P.S.- Bagaha, (Pathkhauli), Dist.- West Champaran.
           2.    Anita Devi W/O Paramhans Ram Resident of Village- Narainpur, ward No.
                 11, P.S.- Bagaha, (Pathkhauli), Dist.- West Champaran.
           3.    Raj Kumar Ram S/O Paramhans Ram Resident of Village- Narainpur, ward
                 No. 11, P.S.- Bagaha, (Pathkhauli), Dist.- West Champaran.
           4.     Sundaram Kumari D/O Paramhans Ram Resident of Village- Narainpur,
                  ward No. 11, P.S.- Bagaha, (Pathkhauli), Dist.- West Champaran.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prithvi Nath Mishra
                 For the Opposite Party/s :       Mr.Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in a

                   case registered for the offence punishable under Sections

                   126(2), 115(2), 69, 89, 352, 351(2), 3(5) of the B.N.S.

                                3. Allegation in the first information report relates to

                   establishing physical relationship with the informant by one Raj

                   Bahadur Ram on the false pretext of marriage.

                                4. Learned counsel for the petitioners submits that it

                   would be apparent from the first information report itself that

                   the thrust of allegation is against Raj Bahadur Ram and the
Patna High Court CR. MISC. No.2898 of 2026(2) dt.28-01-2026
                                            2/3




          petitioners who are the father, mother, brother and sister of the

          said Raj Bahadur Ram have also been implicated maliciously by

          imputing false and baseless allegations of seeking dowry etc. It

          has also been submitted that the informant is already a married

          lady and hence, there is no question of second marriage.

          However, it has also been alleged by her that she was in a live

          in relationship with Raj Bahadur Ram who has subsequently

          denied marriage with her. With regard to injuries being caused

          to her the injury report Annexure-2 also indicates two injuries in

          the nature of bruises which are simple in nature.

                       5.    Learned APP for the State has opposed the

          application for anticipatory bail.

                            6. Taking into consideration the facts and

          circumstances and also considering the fact that the thrust of

          allegation is upon co-accused Raj Bahadur Ram with whom the

          informant is said to be in a live in relationship, coupled with the

          fact that the present petitioners have been made accused only on

          the ground that they have been to be the family members of the

          co-accused, let the above named petitioners, who have no

          criminal antecedent, in the event of their arrest or surrender

          before the learned Court below within a period of four weeks

          from today, be enlarged on bail on furnishing bail bond of
             Patna High Court CR. MISC. No.2898 of 2026(2) dt.28-01-2026
                                                         3/3




                       Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                       the like amount each to the satisfaction of the learned court

                       below where the case is pending/successor court in connection

                       with Mahila P.S. Case No. 24 of 2025, subject to the condition

                       as laid down under Section 438 (2) of the Cr.P.C./482(2) of the

                       B.N.S.S.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.