Dashai Ram @ Dasai Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.646 of 2026 Arising Out of PS. Case No.-38 Year-2025 Thana- Fakuli District- Muzaffarpur ====================================================== 1.
Dashai Ram @ Dasai Ram S/o Late Gena Ram Resident of Village- Aarijpur Ragho, P.S.- Fakuli, District - Muzaffarpur 2.
Sita Devi W/o Dasai Ram @Dashai Ram Resident of Village- Aarijpur Ragho, P.S.- Fakuli, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Jha For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2026
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 80 and 61(2) of the B.N.S.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that victim was married to Binod Ram on 05.06.2025, after marriage the accused persons started torturing her for non-fulfilment of the demand of the motorcycle. Further, on 04.07.2025, the informant received an information that victim died.
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4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case being father in-law and mother in-law of the deceased. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant is not an eye witness to the occurrence. It is further submitted that police after investigation submitted charge-sheet under Section 103(1) and 238 of the B.N.S., which amply demonstrates that it was not a case of dowry death rather the victim was murdered, but then, it is submitted that since petitioners are parents of Binod Ram as such, they came to be implicated in a mechanical manner with general and omnibus allegation. It is also submitted that the dead body was sent for post mortem.
It is further submitted that had the petitioners been involved in the occurrence, in that event, efforts would have been made to dispose of the dead body with a view to conceal the evidence, but then, the dead body was sent for post mortem for ascertaining the cause of death. It is next submitted that whenever any dispute arises in between the husband and the wife and the occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical manner with general and omnibus allegation.
3/4 mess from the husband of the deceased. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Fakuli P. S. Case No.38 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioners, despite giving assurance to this Court, are not cooperating in the investigation or are not presenting themself as and when required, the learned trial Court shall be at liberty to cancel the
4/4 bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T