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Patna High Court

Raj Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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-
Patna High Court CR. MISC. No.71001 of 2025(4) dt.09-04-2026
                                            3/4




          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.
           Patna High Court CR. MISC. No.71001 of 2025(4) dt.09-04-2026
                                                       4/4




                     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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