Patna High Court
Ramakant RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations of fatal assault were specific to the co-accused Pardesi Ram and, therefore, the petitioners were entitled to bail.
Summary
The petitioners, eight residents of Pakadhi village, were named in an FIR for multiple offences under the Indian Penal Code and the POCSO Act, alleged to have assaulted the husband of an informant, causing his death, and to have outraged the modesty of the informant's daughter. The defence argued that the specific fatal injury was attributable to a co-accused, Pardesi Ram, and that only two minor injuries were found on the deceased, contending that the allegations against the petitioners were general and that they have clean antecedents. The prosecution maintained that the petitioners actively participated in the assault. The court examined the nature of the allegations and found that the serious charge of causing death was directed at the co-accused, not the petitioners. Consequently, the court ordered the release of all eight petitioners on bail, each with a bond of Rs 10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be implemented by the Additional District and Sessions Judge‑cum‑Special Judge (POCSO) in West Champaran.
Issues considered
- Whether the petitioners are entitled to bail despite being named in the FIR for offences including murder and outrage of modesty
- Whether the specific allegation of causing the fatal injury against a co-accused precludes bail for the other accused
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341, 354-B, 447, 504, 506
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- Indian Penal Code
- POCSO Act
- Section 438 CrPC
- Section 482 BNSS
- murder
- assault
- outrage of modesty
- general vs specific allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62268 of 2024
Arising Out of PS. Case No.-256 Year-2024 Thana- RAMNAGAR District- West Champaran
======================================================
1. Ramakant Ram Son of Rajendra Ram Resident of Village - Pakadhi, P.S. -
Ramnagar, District - West Champaran
2. Sita Devi Wife of Ramakant Ram Resident of Village - Pakadhi, P.S. -
Ramnagar, District - West Champaran
3. Mukul Ram Son of Bhuali Ram @ Bhuwali Ram Resident of Village -
Pakadhi, P.S. - Ramnagar, District - West Champaran
4. Bhuali Ram @ Bhuwali Ram Son of Late Banu Ram Resident of Village -
Pakadhi, P.S. - Ramnagar, District - West Champaran
5. Pratima Devi Wife of Ramjeet Ram @ Ramjee Ram Resident of Village -
Pakadhi, P.S. - Ramnagar, District - West Champaran
6. Jangbahadur Ram Son of Late Meghnath Ram Resident of Village - Pakadhi,
P.S. - Ramnagar, District - West Champaran
7. Chandrawati Devi Wife of Rajendra Ram Resident of Village - Pakadhi, P.S.
- Ramnagar, District - West Champaran
8. Lalmuni Devi @ Lalima Devi Wife of Jangbahadur Ram Resident of Village
- Pakadhi, P.S. - Ramnagar, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Minta Devi Wife of Late Mahesh Ram Resident of Village - Pakadi, P.S. -
Ramnagar, District - West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Gupta
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 04-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with
Ramnagar P.S. Case No. 256 of 2024 registered for
the offences punishable under Sections 147, 148,
149, 447, 341, 323, 307, 302, 354-B, 504 and 506 of
Patna High Court CR. MISC. No.62268 of 2024(5) dt.04-02-2026
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the Indian Penal Code and Sections 8 and 12 of the
POCSO Act.
3. The allegation against petitioners is to
assault the husband of informant along with other
co-accused persons causing head and bodily injuries,
to which he succumbed to death. Allegation is also
available to outrage the modesty of informant’s
daughter.
4. It is submitted by learned counsel
appearing on behalf of the petitioners that specific
allegation as to cause fatal head injury is available
against named co-accused Pardesi Ram, who also
facing the allegation to outrage the modesty of the
daughter of informant. It is submitted that with
harassing attitude entire family was implicated with
the present case. It is submitted that even post-
mortem of the deceased not appears supporting the
allegation for the reason that only two injuries were
found upon him, one head injury which alleged to be
caused by Pardesi Ram and second injury on leg,
which was linear abrasion. While concluding
argument it is submitted that petitioners are of clean
antecedent.
Patna High Court CR. MISC. No.62268 of 2024(5) dt.04-02-2026
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5. Learned APP duly assisted by learned
counsel for the informant while opposing the prayer
of bail submitted that petitioners actively
participated in the occurrence and they assaulted
collectively upon deceased husband of informant.
6. In view of aforesaid factual submission
and by taking note of fact as allegation qua physical
assaults appears very much general and omnibus
against these petitioners, where specific allegation of
fatal assault is available against co-accused Pardesi
Ram, accordingly all above-named eight petitioners,
in the event of their arrest or surrender before the
court below within a period of four weeks, are
directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of
the learned Additional District and Sessions Judge-
cum-Special Judge, (POCSO), West Champaran,
Bettiah/concerned Court, where the case is pending
in connection with Ramnagar P.S. Case No. 256 of
2024, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.
Patna High Court CR. MISC. No.62268 of 2024(5) dt.04-02-2026
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(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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