Patna High Court
Raj Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners as no material links them to the offences.
Summary
The petitioners, Raj Kumar Ram and Saraswatiya Devi, are the parents of accused Sajohan Kumar in a case involving the alleged kidnapping and death of a 14‑year‑old girl. The FIR alleges offences under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, and the victim's body was later found drowned, with the investigation suggesting a possible honour killing by the victim's own family. The petitioners contend they have been falsely implicated solely because of their relationship to the co‑accused and that no material links them to the crime. The State argued that the circumstances surrounding the death warranted investigation but did not produce evidence against the parents. The Court, noting the absence of any incriminating material against the petitioners and invoking Section 482(2) of the B.N.S.S., granted anticipatory bail subject to bond and surety conditions.
Issues considered
- Whether anticipatory bail can be granted to the parents of an accused when no evidence connects them to the alleged offences.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the Court to release the petitioners on anticipatory bail to prevent abuse of the process.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 482(2), 96
Subjects
- anticipatory bail
- honour killing
- kidnapping
- Bharatiya Nyaya Sanhita
- Section 482
- false implication
- parental liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71001 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- DARPA District- East Champaran
======================================================
1. Raj Kumar Ram S/o- Deoratn Ram R/v- Belahiya Ps- Darpa Dist- East
Champaran
2. Saraswatiya Devi @ Reena Devi W/o- Raj Kumar Ram R/v- Belahiya Ps-
Darpa Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsha Shashwat, Advocate
For the State : Mr. Nawal Kishore Pd., A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 09-04-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail, arises
out of Darpa Police Station Case No. 59 of 2025, registered for
the offences punishable under Sections 137(2), 96 and 3(5) of
the Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information
Report, is that on 16.03.2025 at about 05:00 A.M., the 14-year-
old sister of the informant went to attend nature’s call but did
not return to her home. After search, the informant found a
Samsung mobile phone lying on the bed of the victim, and upon
verification, came to know about a number belonging to the co-
Patna High Court CR. MISC. No.71001 of 2025(4) dt.09-04-2026
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accused, Sajohan Kumar, son of the petitioners. The informant
has expressed his suspicion that the petitioners, along with other
accused persons, have kidnapped his sister with the intention to
marry her.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case merely
because they happen to be the father and mother of the co-
accused, Sajohan Kumar. During course of investigation, the
dead body of the victim (informant’s sister) was found in a river,
and the doctor has opined the cause of death to be due to
drowning. In the supervision note, the supervising authority has
taken note of the fact that the family members of the victim girl
were not happy with her due to her relationship with co-accused
Sajohan Kumar, as he belongs to a Dalit community. It is further
noted that just one day prior to the date of occurrence, during
the night, as per the witnesses, the victim girl was beaten by her
family members, and in the morning she left her home. Her
dead body was found on 18.03.2025 in the river. The
supervising authority, on the basis of the evidence collected
during investigation, has also expressed strong suspicion that
the victim might have been done away with by her family
members themselves due to her relationship with the co-
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accused. Accordingly, it is submitted that it is a case of honour
killing by the informant’s family itself, and the petitioners have
been falsely implicated in the present case.
5. Learned counsel for the State, referring to the case
diary, submits that it is true that just two days after the lodging
of the FIR, the dead body of the victim girl was found in a river.
The doctor, in his opinion regarding the cause of death, has
opined that the victim died due to drowning. The supervising
authority, in the supervision note, has also taken note of the fact
that the family members of the victim girl were not happy with
her relationship.
6. Regards being had to the submissions made by the
parties and taking into consideration the fact that the petitioners
are the parents of the co-accused Sajohan Kumar and the
relationship of the girl was with son of the petitioners and
during course of investigation no material has come against the
petitioners to connect them with the present offence, I am
inclined to grant the petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
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10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran, Motihari, in connection with
Darpa Police Station Case No. 59 of 2025, subject to the
condition laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
U T
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