Patna High Court
Ramashish PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Ramashish Prasad and Mina Devi were arrested in connection with a dowry‑death case (FIR dated 06‑09‑2025, Chandi P.S. Case No. 511 of 2025) under Sections 304B and 120B IPC. They sought bail, claiming they were falsely implicated as the deceased’s father‑in‑law and mother‑in‑law, that no specific allegation of assault or dowry demand was made against them, and that they have either clean antecedents or other cases pending on bail. The State and the informant opposed bail, arguing the accused participated in the crime. The High Court examined the lack of specific charges, the petitioners’ criminal records, and the nature of the offence, and decided to grant bail with a bond of Rs 10,000 each and several conditions regarding cooperation, presence, non‑tampering of evidence, and verification of antecedents. The order directed the lower court to release the petitioners on bail subject to these conditions.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 304B and 120B IPC.
- Whether the absence of specific allegations against the petitioners warrants denial of bail.
- Whether the petitioners' criminal antecedents affect their eligibility for bail.
Legislation cited
- Indian Penal Code — s. 120B, 304B
Subjects
- bail
- dowry death
- 304B IPC
- 120B IPC
- criminal antecedents
- false implication
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82942 of 2025
Arising Out of PS. Case No.-511 Year-2025 Thana- CHANDI District- Nalanda
======================================================
1. Ramashish Prasad S/o Late Badri Prasad R/o Village- Kandhupeepar, Police
Station- Chandi, District- Nalanda
2. Mina Devi W/o Ramashish Prasad R/o Village- Kandhupeepar, Police
Station- Chandi, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Informant : Mr. Ramji Kumar, Advocate
For the State : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Ajay Mukherjee, learned counsel for the
petitioners, Mr. Ramji Kumar, learned counsel for the Informant
and Mr. Ram Bilash Roy Raman, learned APP for the State.
2. Petitioners seek bail, who are in custody since
11.09.2025, in connection with Chandi P.S. Case No. 511 of
2025, F.I.R. dated 06.09.2025 registered for the offences
punishable under Sections 80(2) (304 B IPC), 61(2) (120B IPC)
of the B.N.S.
3. Allegation against the petitioners is of committing
torture and caused death due to non-fulfillment of demand of
dowry.
Patna High Court CR. MISC. No.82942 of 2025(3) dt.27-01-2026
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4. Learned counsel for the petitioners submits that the
petitioner no.1 carries two more cases other than the present one
in which he is on bail and petitioner no. 2 having clean
antecedents and they have been falsely implicated in the present
case. He further submits that the petitioners have been made
accused merely on the ground that they are father-in-law and
mother-in-law of the deceased. He further submits that the
petitioners are living separately from the family of the deceaed
and petitioner no. 2 has filed a case bearing Chandi P.S. Case
No. 529 of 2024 against his son who happens to be the husband
of the deceased and apart from aforesaid it appears from the
F.I.R.. that although the petitioners are named in the F.I.R. but
there is no specific allegation of any assault or overt act or
demand of dowry attributed against the petitioners rather there
is general and omnibus allegation against the petitioners
including the petitioners. He further submits that the police
after investigation submitted chargesheet against the petitioners
and the petitioners are in custody since 11.09.2025.
5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State has
vehemently opposed the prayer for bail of the petitioners and
submits that petitioners along with other co-accused persons
Patna High Court CR. MISC. No.82942 of 2025(3) dt.27-01-2026
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have committed the crime in question.
6. Considering the facts and circumstances of the
case, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Additional Chief Judicial Magistrate, Hilsa
(Nalanda) in connection with Chandi P.S. Case No. 511 of 2025,
subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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