Patna High Court
Ramavatar Das @ Ramavatar Ravidas @ Ramotar RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S.S. — s. 3(5), 482(2), 80
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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