Patna High Court
Jhameli Ram @ Jhamehi RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Jhameli Ram and Gunja Devi, were arrested in connection with a case alleging they tortured and killed a woman and performed her last rites, offences charged under Sections 103, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based on a family dispute over land and a claim that the deceased was murdered, while the petitioners contend they had no specific involvement, were living separately, and that the death was a suicide caused by depression. They highlighted an independent witness statement recorded under Section 180 of the Bharatiya Nagrik Suraksha Sanhita, 2023, which points to a land‑related dispute rather than homicide. The petitioners also emphasized their clean antecedents and the vague nature of the allegations. The Additional Public Prosecutor opposed bail, but the court, after considering the facts and submissions, ordered bail on the condition of a Rs.10,000 bond with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether the petitioners should be denied bail on the basis of the allegations under Sections 103, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the lack of specific evidence, clean antecedents and the presence of an independent witness statement justify granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 180
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5)
Subjects
- bail
- criminal procedure
- murder
- suicide
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Sections 103, 238, 3(5)
- independent witness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87685 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- KURSAKANTA District- Araria
======================================================
1. Jhameli Ram @ Jhamehi Ram, aged about 65 years (M), S/O Late Janku
Ram,
2. Gunja Devi, aged about 40 years, (F), W/O Ramesh Ram,
Both resident of Village- Haldhara Ward no. 03, Police Station-
Kursankanta, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with
Kursakanta PS Case No.86 of 2025 dated 11.09.2025, instituted
for the offence punishable under Sections 103, 238, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the daughter
of the informant was married with son of petitioner no.1 in the
year 2019. The accused persons including the petitioners used to
torture her on various counts. On the alleged date of occurrence,
she got information that her daughter has died. When she came
to sasural of her daughter, he found that the accused persons
Patna High Court CR. MISC. No.87685 of 2025(3) dt.11-02-2026
2/3
were busy in performing the last rites of her daughter. It is
alleged that all the accused persons have killed her daughter and
performed her last rites forcibly.
4. Learned counsel for the petitioners submits that
petitioner no.1 is the father-in-law of the deceased, whereas,
petitioner no.2 is the wife of elder brother of the husband of the
deceased. There is nothing specific against the petitioners. Only
general and vague allegation has been levelled against all the
accused. It is further submitted that the petitioners are living
separately from the deceased and her husband. Their mess, land,
courtyard and everything were separate. They were not involved
in day to day affairs of the deceased and her husband. It is also
submitted that the husband of the deceased, namely, Amrit Ram
used to live in Punjab to earn his livelihood and the relationship
between the deceased and her husband was not very cordial. The
husband of the deceased was not maintaining the deceased
properly due to which she was under depression and she
committed suicide out of frustration. Further submission is that
statement of one independent witness, namely, Ashok Panjiyar,
has been recorded by the police under Section 180 of the
Bharatiya Nagrik Suraksha Sanhita, 2023, who has clearly
stated that when he went to the house of the petitioners, he
Patna High Court CR. MISC. No.87685 of 2025(3) dt.11-02-2026
3/3
found the deceased lying dead and family members of the
deceased including her mother, maternal uncle and others were
also present. At that time, it was agreed that the petitioner no.1
would transfer three kattha land in favour of son of the deceased
apart from monthly maintenance of Rs.1500/- per month and
accordingly, a memorandum of agreement was prepared.
However, a dispute arose between the parties with regard to the
nature of land to be given to the son of the deceased and
thereafter the present case has been lodged after about a week.
The petitioners are in custody since 12.09.2025 having clean
antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioners be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the Judicial Magistrate, 1 st
Class, Araria, in Kursakanta PS Case No.86 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
Checking your session…