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Patna High Court

Shivram Ram @ ShivramversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioners subject to standard conditions.

Summary

The petitioners, Shivram Ram and Sita Devi, father‑in‑law and mother‑in‑law of the deceased, were charged under Sections 80(2), 85 and 3(5) of the BNS for allegedly torturing and killing the deceased over a dowry demand. The prosecution alleged that the petitioners participated in the dowry death, while the petitioners contended they were falsely implicated, had no specific overt act attributed to them, and were separate from the family’s affairs. They highlighted that the husband of the deceased was already in custody, only two prosecution witnesses had been examined, and the petitioners had been detained since 04‑03‑2025 with no prior criminal record. The State opposed the bail application, but the Court, considering the prolonged custody and lack of concrete evidence, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, appearance at every trial date, and a prohibition on tampering with evidence or influencing witnesses.

Issues considered

  • Whether bail should be granted to the petitioners accused under Sections 80(2), 85 and 3(5) of the BNS in a dowry‑death case.

Legislation cited

Subjects

  • bail
  • dowry death
  • false implication
  • BNS
  • Sections 80(2)
  • Section 85
  • Section 3(5)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9096 of 2026
                      Arising Out of PS. Case No.-55 Year-2024 Thana- RATANPUR District- Supaul
                 ======================================================
           1.     Shivram Ram @ Shivram Son of Late Shobhi Ram @ Somi Ram Resident
                  Of Village -Samda, Ward no 13, Ps- Ratanpura, Dist- Supaul
           2.    Sita Devi Wife of Shivram Ram Resident Of Village -Samda, Ward no 13,
                 Ps- Ratanpura, Dist- Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amrit Abhijat, Advocate
                 For the Opposite Party/s :      Mr.Anant Kumar 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with S.T. No.

                   190 of 2025, arising out of Ratanpura P.S. Case No. 55 of 2024,

                   instituted for the offences under Sections 80(2), 85 and 3(5) of

                   the BNS.

                               3. Prosecution case, in short, is that the petitioners

                   along with the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioners submitted that

                   the petitioners have falsely been implicated in the present case.

                   Petitioner No.1 is the father-in-law and petitioner No.2 is the
Patna High Court CR. MISC. No.9096 of 2026(2) dt.19-02-2026
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          mother-in-law of the deceased. Learned counsel for the

          petitioners submits that general and omnibus allegation has been

          made against the petitioners. No specific overt act is alleged

          against the petitioners. Learned counsel further submitted that

          petitioners are separate in mess and business and have got no

          concern in the family affairs of the deceased and her husband.

          Husband of the deceased is already in custody. He further

          submitted that two prosecution witnesses have been examined in

          this case. It has been submitted on behalf of the petitioner that

          the petitioner is in custody since 04.03.2025 and have no

          criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, husband of the deceased being in custody, as also

          the period of custody undergone by the petitioners, this Court is

          inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with S.T. No. 190 of

          2025, arising out of Ratanpura P.S. Case No. 55 of 2024, subject
           Patna High Court CR. MISC. No.9096 of 2026(2) dt.19-02-2026
                                                       3/3




                     to the following conditions:

                                  (I) One of the bailors shall be the petitioners’ own or

                     close member.

                                  (II) The petitioners shall appear on each and every

                     date fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                  (III) The petitioners shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                  In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioners.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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