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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13421 of 2026 Arising Out of PS. Case No.-157 Year-2025 Thana- BELCHHI District- Patna ======================================================
1. RAMJANAM PRASAD S/o- Late Sheo Mahto Resident of Village- Jakki (Janki) Police Station- Bind District- Nalanda
2. Tushal Kumar @ Tusar @ Avinash Kr. S/o- Shambhu Kumar @ Shambhu Prasad Resident of Village- Jakki (Janki) Police Station- Bind District- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate For the State : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 25-03-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Belchhi Police Station Case No. 157 of 2025, disclosing offences under Sections 103(2) and 3(5) of the BNS,
2023. 3. As per the First Information Report, the marriage of the informant’s daughter was solemnized with co-accused Santu Kumar in the year 2014. After the marriage, the husband of the informant’s daughter, along with his elder brother (bhaisur) and the brother’s wife, started torturing the deceased and demanding dowry. On 31.08.2025, the informant received information that his daughter has died and her dead body was lying in a pond. The informant has raised suspicion that the husband and in-laws of the
Patna High Court CR. MISC. No.13421 of 2026(2) dt.25-03-2026 2/3 deceased killed her and threw her body into the pond. 4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. In the entire FIR, no overt act has been alleged against the petitioners, who are the father-in-law and nephew of the deceased. The deceased was suffering from mental health and was undergoing treatment at a hospital in Kanke, Ranchi. On 01.09.2025, the husband of the deceased, Santu Kumar, informed the police about the unnatural death of the deceased, upon which the police registered U.D. Case No. 07 of 2025. Subsequently, on 02.09.2025, the present FIR was lodged by the informant, implicating all the family members, including the petitioners.
Referring to paragraph 8 of the bail application, learned counsel submits that, as per the postmortem report, the abdominal viscera was congested, the uterus was empty, and the stomach contained digested food and was filled with muddy water. The findings recorded by the doctor lead to the natural conclusion that the deceased died due to drowning, which is apparent from the report. In the entire FIR, the name of the petitioners have been mentioned only in the last portion, without any specific role being assigned to them, and that too merely on the basis of suspicion. During the course of the investigation, no cogent material has surfaced against the petitioners to connect them with the present
Patna High Court CR. MISC. No.13421 of 2026(2) dt.25-03-2026 3/3 offence. The husband of the deceased is already in custody. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that petitioner no. 1 aged about 66 years and petitioner no. 2 aged about 20 years, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh, Patna, in connection with Belchhi Police Station Case No. 157 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS,
2023. priyanka/- (Anil Kumar Sinha, J) U T