Patna High Court
Ramadesh Sharma @ Ramadesh ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, finding no prima facie case against him and applying the provisions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Ramadesh Sharma, was named in an FIR alleging negligence and assault leading to the death of an informant's daughter, who died of jaundice while hospitalized. The petitioner, a cousin father‑in‑law living separately from the deceased, argued that the death was due to her illness and that he had no involvement, citing his clean antecedent and that similar relatives had been granted anticipatory bail in a related case. The State opposed the bail, contending the allegations warranted investigation under Sections 80(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023. The Court examined the FIR, found it did not prima facie implicate the petitioner, and noted the earlier bail order for other family members. Consequently, the Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the FIR establishes a prima facie case against the petitioner under Sections 80(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023.
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the petitioner’s clean antecedent and lack of domestic involvement justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 3(5), 80(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false case
- negligence
- criminal procedure
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- clean antecedent
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31003 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- INARWA District- West Champaran
======================================================
Ramadesh Sharma @ Ramadesh Thakur son of Suresh Shrama @ Suresh
Thakur Resident of Village- Inarwa Bazar PS -Inarwa Distt -West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Khushi Awadh, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Inarwa P.S. Case No.
145 of 2025 registered for the offences punishable under
Sections 80(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 (in
short, the ‘B.N.S.’).
3. As per FIR, due to Jaundice, the daughter of the
informant was died during treatment, where allegation raised
that family members of her matrimonial home committed
negligence and also abuse and assaulted her when she was
pregnant.
4. Learned counsel appearing on behalf of the petitioner
submitted that the daughter of informant died due to her ailment
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while she was admitted in hospital. It is submitted that this fact
is apparent from FIR itself.
5. It is pointed out that taking advantage of death of her
daughter, the present false case was lodged against in-laws
family members including husband of the deceased, who is
presently in custody.
6. Arguing further, it is submitted that petitioner is the
cousin father-in-law who is living separately having no
connection with daily and domestic affairs with the deceased
and her husband. It is submitted that with similar allegation,
father-in-law and mother-in-law of the deceased have already
granted anticipatory bail by one of the learned coordinate Bench
of this Court through Cr. Misc. No. 10494 of 2026 dated
12.03.2026. Petitioner is a man of clean antecedent.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and by
taking note of the fact as the FIR itself prima facie suggest that
death of daughter of the informant was caused due to her
ailment while she was admitted in hospital, coupled with the
fact that petitioner is the cousin father-in-law and living
separately with the deceased daughter of the informant having
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no connection with daily and domestic affairs with the deceased
and her husband and also petitioner has clean antecedent,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate -
1st Class, Bettiah, West Champaran/concerned court in
connection with Inarwa P.S. Case No. 145 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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