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Patna High Court

Ramavatar Das @ Ramavatar Ravidas @ Ramotar RavidasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail subject to the conditions imposed by the court.

Summary

The petitioners, Ramavatar Das and his wife Sulochana Devi, applied for anticipatory bail after being implicated in a dowry‑death case (Fatehpur P.S. Case No. 359 of 2025) under Sections 80 and 3(5) of the B.N.S. The prosecution alleged that the deceased’s husband and his relatives demanded dowry and that the deceased was subsequently killed. The petitioners contended that they were falsely implicated merely because they are the father‑in‑law and mother‑in‑law of the deceased and that the FIR contains only general, omnibus allegations against all accused. The court examined whether the petitioners were likely to be arrested and whether the allegations were specific enough to deny bail, noting their clean antecedent record. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S., the court granted anticipatory bail subject to strict conditions, including surety bonds and personal appearance in court. The application was therefore disposed of with the grant of anticipatory bail.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC and Section 482 B.N.S.S. in the dowry‑death case
  • Whether the FIR allegations against the petitioners are sufficiently specific to justify denial of bail
  • Whether the petitioners’ clean criminal antecedents warrant the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 438
  • Section 482
  • bail conditions
  • criminal antecedents
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85599 of 2025
                       Arising Out of PS. Case No.-359 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
           1.     Ramavatar Das @ Ramavatar Ravidas @ Ramotar Ravidas S/o Sarjun
                  Ravidas R/o Village - Dharampur, P.S - Fatehpur, District - Gaya
           2.    Sulochana Devi @ Sulochana Kumari W/o Ramavatar Ravidas @
                 Ramavatar Das R/o Village - Dharampur, P.S - Fatehpur, District - Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Priya Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehends their arrest in connection

                   with Fatehpur P.S. Case No. 359 of 2025 registered for the

                   offences under Sections 80 and 3(5) of B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that his daughter was married to the accused Rajnish

                   Kumar on 19.04.2024. It is alleged that the husband of the

                   deceased and her other in-laws were demanding cash by way of

                   dowry and that subsequently the informant was informed that

                   his daughter had been done to death by the accused persons.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.85599 of 2025(2) dt.15-01-2026
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          petitioners submit that the petitioners have falsely been

          implicated in the present case merely on account of the fact that

          they happen to be the father-in-law and mother-in-law of the

          deceased. It has further been submitted that the allegations

          levelled in the FIR are general and omnibus in nature against all

          the accused persons. Referring to the impugned order, it has

          been pointed out that as per the post-mortem report, the cause of

          death has been opined as asphyxia and shock due to hanging. It

          has lastly been submitted that the petitioners carry clean

          antecedents.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioners above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Fatehpur P.S. Case

          No. 359 of 2025 subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with
Patna High Court CR. MISC. No.85599 of 2025(2) dt.15-01-2026
                                            3/4




          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioners shall be

                          their close relative.

                          (ii) The petitioners shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioners will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioners are found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned 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 petitioner. However, the acceptance of bail

                          bonds in terms of the above-mentioned order shall

                          not be delayed for purpose of or in the name of

                          verification.
           Patna High Court CR. MISC. No.85599 of 2025(2) dt.15-01-2026
                                                       4/4




                                  7. Accordingly, the present application   stands

                     disposed of.



                                              (Sourendra Pandey, J)
aditya/-

U


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