Patna High Court
Ramayan SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Ramayan Sao and his wife Sushila Devi, senior citizens and father‑in‑law and mother‑in‑law of a deceased woman, sought anticipatory bail after being implicated in a dowry‑death case registered under Sections 80 and 3(5) of the B.N.S., 2023. They argued that the informant, the victim’s mother, was not an eyewitness and that the allegations of dowry demand and torture were vague and omnibus. The petitioners highlighted that the body was sent for post‑mortem, which revealed a V‑shaped ligature mark suggesting suicide, and that no attempt was made to conceal the body. The State opposed the bail but could not refute the petitioners’ contentions. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing the petitioners to cooperate with the investigation.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S.S. in a dowry‑death case pending under Sections 80 and 3(5) of the B.N.S., 2023.
- Whether the allegations against the petitioners constitute sufficient ground to deny anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 3(5), 80
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- dowry death
- Section 80 B.N.S.
- Section 3(5) B.N.S.
- Section 482(2) B.N.S.S.
- senior citizens
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79704 of 2025
Arising Out of PS. Case No.-228 Year-2025 Thana- DIDARGANJ District- Patna
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1. Ramayan Sao S/O Late Gangu Sao @ Gangoo Ram R/O Village-
Gulemhiyabagh, Police Station- Deedarganj, Distict- Patna
2. Sushila Devi W/O Ramayan Sao R/O Village- Gulemhiyabagh, Police
Station- Deedarganj, Distict- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha
For the Opposite Party/s : Mr. Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-01-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 80, 3(5) of
the B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are senior
citizens and the informant alleges that marriage of her daughter
was solemnized with Akash on 06.03.2025 and after marriage,
the victim was subjected to torture for non-fulfillment of
demand of dowry, further on 27.06.2025 at 4.30 P.M. the
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informant received an information that her daughter was killed
on account of non-fulfillment of the demand of dowry,
accordingly she reached the matrimonial house of her daughter
where she saw her daughter lying on the bed with neck swollen.
4. Learned counsel for the petitioners submits that
petitioners being father-in-law and mother-in-law have been
falsely implicated in the instant case by the informant. It is next
submitted that informant is not an eyewitness to the occurrence
and allegation of demand of dowry and torture is general and
omnibus in nature. It is further submitted that no doubt the
victim died within an year of marriage, as such presumption in
law is against the husband and his family members but then all
deaths are not dowry deaths. It is further submitted that from
perusal of the allegation as alleged in the FIR, it would manifest
that informant on coming to know that her daughter was killed
came to the matrimonial home where she found the dead body
lying. It is submitted that had the petitioners along with other
family members been involved in the occurrence of killing the
deceased, in that event, the 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 postmortem for ascertaining
the cause of death. It is further submitted that whenever any
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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 reiterated and submitted that
informant is not an eyewitness to the occurrence and allegation
of demand of dowry and torture is general and omnibus in
nature. It is further submitted that husband of the deceased is in
custody and petitioners will not abscond rather will cooperate in
the investigation to prove their innocence.
5. Learned A.P.P. for the State and the learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioners but then are not in a position
to rebut the submission of the learned counsel appearing on
behalf of the petitioners that allegation of demand of dowry and
torture is general and omnibus in nature and no effort was made
to dispose of the dead body rather the dead body was sent for
postmortem for ascertaining the cause of death and in the
postmortem it was found that V-shape ligature mark was present
on the neck which points towards suicide.
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
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within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned trial court where the
case is pending/successor court in connection with Deedarganj
P.S. Case No.228/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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