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Patna High Court

Ramashish PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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
               Patna High Court CR. MISC. No.82942 of 2025(3) dt.27-01-2026
                                                           4/4




                         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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