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Patna High Court

Ramayan SaoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.79704 of 2025(2) dt.06-01-2026
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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
Patna High Court CR. MISC. No.79704 of 2025(2) dt.06-01-2026
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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
             Patna High Court CR. MISC. No.79704 of 2025(2) dt.06-01-2026
                                                         4/4




                       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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