Rameshwar Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Rameshwar Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, upon arrest or surrender before the Court below within six weeks, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, subject to Section 482(2) BNSS conditions and additional conditions (i)-(iv).

Issue for consideration

Whether the petitioner, father-in-law of the deceased and an accused in Nautan Police Station Case No. 186 of 2025 under Sections 80 and 3(5) of the BNS, is entitled to anticipatory bail.

Court's answer

Taking into consideration that nothing specific has been alleged against the petitioner, that he is the father-in-law of the deceased and used to live in another house with his elder son, and that the husband and other accused have already been granted bail by the learned Trial Court, the Court is inclined to grant the petitioner anticipatory bail.

Ratio / Principle

The application for anticipatory bail is allowed.

Key takeaways

In the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) BNSS and further conditions (family-member bailor with bona fide document; appearance on every Trial Court date with cancellation for two consecutive unexplained defaults; no inducement of or tampering with witnesses/evidence; desistance from further offences).ratio¶8

Detailed headnote1 paragraphs

Anticipatory bail - granted. In CRIMINAL MISCELLANEOUS No. 3778 of 2026 (arising out of Nautan P.S. Case No. 186 of 2025, Sections 80 and 3(5) BNS, concerning the alleged dowry-related killing of the informant's daughter), the Patna High Court (Ajit Kumar, J.) allowed the application of the petitioner, father-in-law of the deceased, observing that nothing specific was alleged against him, that he lived in another house with his elder son, and that the husband and other co-accused had already been granted anticipatory bail by the learned Trial Court (ABP No. 2649/2025, dated 25.11.2025), a fact conceded by the APP. Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each upon arrest or surrender within six weeks before the learned Sub-Divisional Judicial Magistrate, Bettiah, subject to Section 482(2) of the B.N.S.S. 2023 and further conditions as to appearance, non-tampering and good conduct.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3778 of 2026

Arising Out of PS. Case No.-186 Year-2025 Thana- NAUTAN District- West Champaran

======================================================

Rameshwar Sharma S/o Late Bhikhari Thakur @ Late Bhikhari Sharma R/o Village - Khalwa Khap Tola, Ward No. 2, P.S - Nautan, District - West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sarvesh Kashyap, Adv. For the Opposite Party/s : Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

3 20-02-2026

Heard Mr. Sarvesh Kashyap, learned counsel for

the petitioner and the learned APP for the State.

This application for grant of anticipatory bail arises out of Nautan Police Station Case No. 186 of 2025 dated 26.04.2025, disclosing the offence under Sections 80 and 3(5) of the BNS lodged by the informant, Daroga Thakur.

As per the prosecution case, the informant alleged that his daughter was married with one Sunil Sharma in the year 2019 and due to non fulfillment of dowry, she was subjected to torture and ultimately, eliminated. Accordingly, the present FIR.

Learned counsel for the petitioner submits that the petitioner being father-in-law of the deceased has not committed any offence as alleged in the FIR and he has falsely been

Patna High Court CR. MISC. No.3778 of 2026(3) dt.20-02-2026 2/4

implicated in this case. He further submits that there is nothing specific against this petitioner while cause of death is said to be asphyxia as a result of hanging and not due to torture or strangulation. It has next been submitted that the husband of the deceased, namely, Sunil Sharma, at the time of death of the deceased, was in Saudi Arabia since 15.10.2024 till his arrival after hearing the news of his wife’s death. It has further been submitted that the petitioner is a man of clean antecedent and he has been living with his elder son in another house in the same village. As such, he, in any way, cannot be held responsible for the death of the deceased. Lastly, it has been submitted that the husband of the deceased along with other accused persons have already been granted anticipatory bail on 25.11.2025 by the learned Trial Court itself vide ABP No. 2649/2025.

On the other hand, learned APP opposes the prayer for anticipatory bail of the petitioner. However, concedes that the husband and other persons have been granted bail by the learned Trial Court itself.

After having heard learned counsel for the parties and taking into consideration the fact that nothing specific has been alleged against this petitioner and the husband and other persons have been granted bail by the learned Trial

Patna High Court CR. MISC. No.3778 of 2026(3) dt.20-02-2026 3/4

Court itself, petitioner is father-in-law of the deceased and he used to live in another house with his elder son, this Court is inclined to grant the petitioner the privilege of anticipatory bail.

This application for anticipatory bail is, accordingly, allowed.

Let the petitioner, named above, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with aforesaid Police Station Case subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023, as well as the following conditions:-

(i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.3778 of 2026(3) dt.20-02-2026

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(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/her bail bonds.

(Ajit Kumar, J)

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