Patna High Court

Prem Kumar RamversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to the stipulated conditions.

Summary

The petitioners, who are the brother‑in‑laws, father‑in‑law and mother‑in‑law of the deceased, filed an anticipatory bail petition fearing arrest in a dowry‑death case (PS Case No. 243/2022). The offence alleged includes IPC sections 304B, 201, 120B, 302, 498A/34 and Dowry Prohibition Act sections 3 and 4, with the husband of the deceased already in custody. The State opposed the bail, arguing possible involvement of the petitioners. The Court examined the petitioners’ claim of having no direct involvement in the family affairs and considered the legal standards for anticipatory bail under Section 438 CrPC. It granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs 10,000 each with two sureties, within eight weeks, subject to conditions under Section 438(2) CrPC and Section 482 of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC in a dowry‑death case.
Whether the petitioners are likely to be involved in the offences alleged under IPC and the Dowry Prohibition Act.
Whether the conditions imposed under Section 482 of the B.N.S.S., 2023 are applicable.

Legislation cited

B.N.S.S., 2023 — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 120B, 201, 302, 304B, 34, 498A

Subjects

dowry death
anticipatory bail
IPC sections
Dowry Prohibition Act
CrPC Section 438
B.N.S.S. 2023
family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68924 of 2025
                   Arising Out of PS. Case No.-243 Year-2022 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
           1.     Prem Kumar Ram S/o Srikishun Ram R/o village - Videshi Tola, P.S -
                  Rivilganj, District - Saran
           2.    Deepak Ram S/o Srikishun Ram R/o village - Videshi Tola, P.S - Rivilganj,
                 District - Saran
           3.    Prashant @ Sonu Ram @ Prashant Kumar S/o Srikishun Ram R/o village -
                 Videshi Tola, P.S - Rivilganj, District - Saran
           4.    Srikishun Ram S/o Thaga Ram R/o village - Videshi Tola, P.S - Rivilganj,
                 District - Saran
           5.    Hewanti Devi W/o Srikishun Ram R/o village - Videshi Tola, P.S -
                 Rivilganj, District - Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Hemant Kumar
                 For the Opposite Party/s :      Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   27-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case,

                   registered for the offence punishable under Sections 304(B),

                   201, 120(B), 302, 498(A) / 34 of the Indian Penal Code and

                   Sections 3 / 4 of the Dowry Prohibition Act.

                                3. It is a case of ‘Dowry Death’.

                                4. Petitioner nos. 1, 2 & 3 are brother-in-law,

                   petitioner no. 4 is father-in-law and petitioner no. 5 is mother-in-
           Patna High Court CR. MISC. No.68924 of 2025(4) dt.27-02-2026
                                                       2/2




                     law of the deceased. There is general and omnibus allegation.

                     Thrust of the accusation is against husband of the deceased, who

                     is already in custody since 17.02.2026. Petitioners are separate

                     in mess and property and have got no concern with the family

                     affairs of deceased and her husband.

                                  5. Learned A.P.P. for the State vehemently opposes the

                     prayer for anticipatory bail of petitioners.

                                  6. However, considering the aforesaid facts and

                     circumstances, let the above named petitioners, in the event of

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned A.C.J.M. - II, Saran at Chapra in

                     connection with Bhagwan Bazar P.S. Case No. 243 of 2022,

                     subject to condition as laid down under Section 438(2) of the

                     Cr.P.C. / Section 482 of the B.N.S.S., 2023.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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