Patna High Court
Dashai Ram @ Dasai RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed under Section 482(2).
Summary
The petitioners, Dashai Ram and Sita Devi, father‑in‑law and mother‑in‑law of a woman who died under suspicious circumstances, applied for anticipatory bail after being implicated in a case registered under Sections 80 and 61(2) of the B.N.S. The FIR alleged that the deceased was tortured for a motorcycle demand and later died, but the police charge‑sheet under Sections 103(1) and 238 of the B.N.S. indicated murder rather than dowry death. The petitioners contended that they were falsely implicated, had no direct evidence against them, and that the body was sent for post‑mortem, suggesting no attempt to conceal evidence. The learned counsel highlighted their clean antecedent and willingness to cooperate with the investigation. The court, considering the lack of direct incriminating material and the petitioners’ assurances, granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S., directing them to surrender within six weeks and cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the petitioners’ alleged involvement can be established on the basis of the FIR and charge‑sheet
- Whether the conditions under Section 482(2) justify the grant of bail
Legislation cited
Subjects
- anticipatory bail
- false implication
- dowry death
- murder
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.646 of 2026
Arising Out of PS. Case No.-38 Year-2025 Thana- Fakuli District- Muzaffarpur
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1. Dashai Ram @ Dasai Ram S/o Late Gena Ram Resident of Village- Aarijpur
Ragho, P.S.- Fakuli, District - Muzaffarpur
2. Sita Devi W/o Dasai Ram @Dashai Ram Resident of Village- Aarijpur
Ragho, P.S.- Fakuli, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Jha
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-02-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 80 and 61(2) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
informant alleges that victim was married to Binod Ram on
05.06.2025, after marriage the accused persons started torturing
her for non-fulfilment of the demand of the motorcycle. Further,
on 04.07.2025, the informant received an information that
victim died.
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4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case being
father in-law and mother in-law of the deceased. It is next
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that informant is not an eye witness to
the occurrence. It is further submitted that police after
investigation submitted charge-sheet under Section 103(1) and
238 of the B.N.S., which amply demonstrates that it was not a
case of dowry death rather the victim was murdered, but then, it
is submitted that since petitioners are parents of Binod Ram as
such, they came to be implicated in a mechanical manner with
general and omnibus allegation. It is also submitted that the
dead body was sent for post mortem. It is further submitted that
had the petitioners been involved in the occurrence, in that
event, efforts would have been made to dispose of the dead
body with a view to conceal the evidence, but then, the dead
body was sent for post mortem for ascertaining the cause of
death. It is next submitted that whenever any dispute arises in
between the husband and the wife and the occurrence of the
nature as alleged takes place, the entire family members are
implicated in a mechanical manner with general and omnibus
allegation. It is further submitted that petitioners are separate in
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mess from the husband of the deceased. It is also submitted that
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Fakuli P. S. Case No.38 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themself as and when
required, the learned trial Court shall be at liberty to cancel the
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bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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