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Patna High Court

Ram Briksha Mahton @ Ram Vriksha Mahton @ Rambrich RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.5135 of 2026(3) dt.06-04-2026
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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
Patna High Court CR. MISC. No.5135 of 2026(3) dt.06-04-2026
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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
Patna High Court CR. MISC. No.5135 of 2026(3) dt.06-04-2026
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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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