Patna High Court
Rajkumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 438 CrPC read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Rajkumar Ram, was accused in a murder case (PS Mirganj Case No. 167 of 2024) for allegedly killing an informant’s daughter, with charges under IPC sections 304B, 120B and 34. He contended that he was residing in Dubai at the time of the incident and was not present at the scene, asserting that the death was a suicide as indicated by the post‑mortem findings and the locked‑room circumstance. The State opposed his request for anticipatory bail, arguing the seriousness of the offences. The court examined the factual matrix, the petitioner’s clean antecedent, and the lack of direct evidence linking him to the alleged murder. Relying on Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail with specific conditions, noting that its observations would not affect the trial. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations of murder, conspiracy and dowry‑death offences.
- Whether the circumstances of the petitioner’s absence, alleged suicide of the victim, and his clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- murder
- dowry death
- suicide
- Section 304B IPC
- Section 438 CrPC
- Bharatiya Nagarik Suraksha Sanhita
- high court bail order
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91208 of 2025
Arising Out of PS. Case No.-167 Year-2024 Thana- MIRGANJ District- Gopalganj
======================================================
Rajkumar Ram S/o Late Gaurishankar Ram R/o Village- Sabeya Harijan Tola,
P.S.- Mirganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Adv.
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Mirganj P.S. Case No. 167 of 2024 registered
for the offence(s) under Section(s) 304(B), 120(B) and 34 of the
Indian Penal Code
3. The allegation against the petitioner is that he along
with the other named accused persons had killed the daughter of
the informant.
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4. The learned counsel for the petitioner submits that
admittedly the petitioner was residing in Dubai and not present
at the time of the occurrence. It has further been submitted that
the allegation is only that the petitioner had been threatening the
informant and others that he would kill her daughter on account
of non-fulfillment of demand of dowry. It has been submitted
that during the course of investigation, it has also transpired that
the deceased was found in the room which was locked from
inside and, therefore, even the allegation of killing the
informant’s daughter is falsified. It has further been submitted
that from the perusal of the post-mortem report, it would be
evident that one inch broad ligature mark, brown in colour was
present over upper part of the neck above thyroid which runs
from the front of neck obliquely extending upwards, which goes
on to show that she had committed suicide and not strangulated.
It has lastly been submitted that the petitioner has clean
antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
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the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Mirganj P.S. Case No. 167 of
2024, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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