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Patna High CourtCR. MISC./71001/2025bail granted

Raj Kumar Ram v. The State Of Bihar

2026-04-09Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71001 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- DARPA District- East Champaran ====================================================== 1.

Raj Kumar Ram S/o- Deoratn Ram R/v- Belahiya Ps- Darpa Dist- East Champaran 2.

Saraswatiya Devi @ Reena Devi W/o- Raj Kumar Ram R/v- Belahiya PsDarpa Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Harsha Shashwat, Advocate For the State :

Mr. Nawal Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2026 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 Darpa Police Station Case No. 59 of 2025, registered for the offences punishable under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 16.03.2025 at about 05:00 A.M., the 14-yearold sister of the informant went to attend nature's call but did not return to her home. After search, the informant found a Samsung mobile phone lying on the bed of the victim, and upon verification, came to know about a number belonging to the co-

2/4 accused, Sajohan Kumar, son of the petitioners. The informant has expressed his suspicion that the petitioners, along with other accused persons, have kidnapped his sister with the intention to marry her.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case merely because they happen to be the father and mother of the coaccused, Sajohan Kumar. During course of investigation, the dead body of the victim (informant's sister) was found in a river, and the doctor has opined the cause of death to be due to drowning. In the supervision note, the supervising authority has taken note of the fact that the family members of the victim girl were not happy with her due to her relationship with co-accused Sajohan Kumar, as he belongs to a Dalit community. It is further noted that just one day prior to the date of occurrence, during the night, as per the witnesses, the victim girl was beaten by her family members, and in the morning she left her home. Her dead body was found on 18.03.2025 in the river. The supervising authority, on the basis of the evidence collected during investigation, has also expressed strong suspicion that the victim might have been done away with by her family members themselves due to her relationship with the co-

3/4 accused. Accordingly, it is submitted that it is a case of honour killing by the informant's family itself, and the petitioners have been falsely implicated in the present case.

5. Learned counsel for the State, referring to the case diary, submits that it is true that just two days after the lodging of the FIR, the dead body of the victim girl was found in a river. The doctor, in his opinion regarding the cause of death, has opined that the victim died due to drowning. The supervising authority, in the supervision note, has also taken note of the fact that the family members of the victim girl were not happy with her relationship.

6. Regards being had to the submissions made by the parties and taking into consideration the fact that the petitioners are the parents of the co-accused Sajohan Kumar and the relationship of the girl was with son of the petitioners and during course of investigation no material has come against the petitioners to connect them with the present offence, I am inclined to grant the petitioners privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. 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.

4/4 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Darpa Police Station Case No. 59 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) Siwani/- U T