Patna High Court
Kesharinandan Ram @ Keshari RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to bail‑bond and surety conditions.
Summary
The petitioner, Kesharinandan Ram, brother‑in‑law of a deceased woman, was implicated in a dowry‑death case under Section 80(2) of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, asserting his innocence, clean antecedents and that the primary accused – the husband – was already in custody. The State and the informant opposed the bail. The court noted that the husband’s custody reduced the risk of the petitioner fleeing or tampering with evidence, and that the allegations against the petitioner were vague and over‑broad. Accordingly, the court granted anticipatory bail, subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 80(2) of the Bharatiya Nyaya Sanhita in a dowry‑death case
- Whether the presence of the husband in custody justifies granting anticipatory bail to the petitioner
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 80(2)
Subjects
- anticipatory bail
- dowry death
- Section 80(2)
- Section 482(2)
- over‑implication
- bail conditions
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82659 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- DUMRAO District- Buxar
======================================================
Kesharinandan Ram @ Keshari Ram Son of Basant Ram Resident of Village-
Kasiya PS -Dumraon District -Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyapal Singh, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P.
For the Informant : Mr. Manish Rai Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 80(2) of the Bharatiya
Nyaya Sanhita.
3. It is case of dowry death. Prosecution case, in brief,
is that all the F.I.R. named accused persons including this
petitioner killed the daughter of informant due to non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is brother-in-law of the deceased and he is simply victim of
over-implication. Allegation against petitioner is general and
Patna High Court CR. MISC. No.82659 of 2025(2) dt.05-01-2026
2/2
omnibus. Petitioner is separate in mess and property and has got
no concern with family affairs of the deceased. He further
submits that thrust of accusation is against husband of the
deceased who is already in custody. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering the fact that husband of the deceased
in already in custody, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Buxar in connection with Dumraon P. S. Case No. 135 of 2025,
subject to condition as laid down under Section 482 (2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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