Patna High Court
Ram Briksha Mahton @ Ram Vriksha Mahton @ Rambrich RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners, subject to bond, sureties and verification of the care of the minor children.
Summary
The petitioners, a father‑in‑law and mother‑in‑law, applied for pre‑arrest bail in a case where they were alleged under Section 103(1) read with Section 3(5) of the Bihar Negotiable Statutes (equivalent to IPC Sections 302 and 34) for the murder of the informant’s daughter. The FIR implicated them, but the police had only filed a charge‑sheet against the deceased’s husband under Section 108 BNS (IPC 306) and no charge‑sheet against the petitioners. The petitioners argued they lived separately, had no involvement, and were caring for four minor grandchildren, while the State contended there was a risk of evidence tampering. The Court noted the lack of external injuries, absence of a charge‑sheet against the petitioners, and the welfare of the children, and therefore granted pre‑arrest bail subject to a bond, sureties and verification of the children’s care. The Court also directed the police to verify the grandchildren’s residence and warned that false statements would void the bail order.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioners under Section 103(1) read with Section 3(5) of the BNS (IPC 302/34) when investigation is pending.
- Whether the risk of evidence tampering outweighs the welfare considerations of the minor children.
Legislation cited
- Bihar Negotiable Statutes — s. 103(1), 108, 3(5)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 302, 306, 34
Subjects
- pre‑arrest bail
- Section 302 IPC
- Section 34 IPC
- minor children welfare
- parens patriae
- bail conditions
- investigation
- charge‑sheet
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5135 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
1. Ram Briksha Mahton @ Ram Vriksha Mahton @ Rambrich Ray S/o
Chhathu Mahto Resident of Village - Akaha, Police Station - Bhagwanpur,
District - Begusarai
2. Prabha Devi W/o Ram Briksha Mahton @ Ram Vriksha Mahton Resident of
Village - Akaha, Police Station - Bhagwanpur, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-04-2026 Heard Mr. Rajesh Ranjan, learned counsel appearing
on behalf of the petitioners and Mr. Uma Shankar Prasad Singh,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Bhagwanpur P.S. Case No. 287/2025 registered for the
offence(s) punishable under Sections 103(1) read with Section
3(5) of the BNS, corresponding to Section 302 read with
Section 34 of the IPC.
3. As per the allegation made in the FIR, the
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petitioners along with other family members have allegedly
killed the daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioner nos. 1 and 2 are the father-
in-law and mother-in-law of the informant’s daughter. It is
further submitted that the police have already filed a charge-
sheet under Section 108 of the BNS (corresponding to Section
306 of the IPC) against the husband of the deceased. In the
absence of any specific allegations against the present
petitioners, who are merely the father-in-law and mother-in-law
of the deceased, no case under Sections 306 or 302 of the IPC is
made out against them. Learned counsel further contended that
the petitioners were living separately and had no involvement in
the affairs of the deceased and her husband. It is also submitted
that the marriage between the petitioners’ son and the deceased
took place about ten years prior to the incident, and four
children were born out of the said wedlock. At present, since the
husband of the deceased is in judicial custody, the petitioners,
being the grandparents, are taking care of the four children.
Petitioners have clean antecedents. On these grounds,
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
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prayer for grant of pre-arrest bail. He submitted that the
investigation against the petitioners is still pending, and there is
every likelihood that they may tamper with evidence or
influence the course of investigation. It is therefore, contended
that the petitioners don’t deserve to be released on pre-arrest
bail.
6. Having heard the rival submissions advanced on
behalf of the parties and upon perusal of the allegations made in
the FIR as well as the postmortem report, it appears that the
cause of death has not been ascertained and no external injury
was found on the body of the deceased. On such basis, the
police have submitted charge-sheet under Section 108 of the
BNS against the husband of the deceased, while investigation
against the present petitioners is still ongoing. The petitioners
have claimed that they are the father-in-law and mother-in-law
of the deceased and are/were living separately. It has further
been submitted that there are four minor children from the said
wedlock, who require proper care and attention, which is
presently being provided by the petitioners, being their
grandparents. In the aforesaid facts and circumstances, and
considering that no charge-sheet has been submitted against the
petitioners under Section 103 of the BNS, this Court is of the
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view that the children should not suffer for want of proper care.
Accordingly, the petitioners, being the grandfather and
grandmother of the four children, are directed to be released on
pre-arrest bail in the event of their arrest or surrender before the
learned District Court within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned C.J.M., Begusarai / Concerned Court in connection
with Bhagwanpur P.S. Case No. 287/2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
8. This Court finds that in the present situation,
where the children have lost their mother and the father who
is in jail, role of this Court becomes that of parens patriae.
The Superintendent of Police, being a responsible
functionary of the State, is directed to either personally visit
the residence of the petitioners or depute a responsible
police officer to verify whether the four children of the
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deceased are being properly cared for by the petitioners. In
the course of such verification, it shall also be ascertained
whether the children are residing happily with their paternal
grandparents (the petitioners), as claimed by the petitioners.
In case, the children are not living with the petitioners then
for giving incorrect information before this Court, this order
shall lose its force and the petitioners must be taken into
custody forthwith.
(Purnendu Singh, J)
Sanjay/-
U T
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