Patna High Court
Paramhans RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 69, 89
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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/-
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