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Patna High Court

Raghunath MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to grant anticipatory bail to the appellant.

Summary

The appellant, Raghunath Mandal, was implicated in a dowry‑related homicide where the informant’s daughter was allegedly killed after refusing a dowry demand. The FIR charges the appellant along with others under Sections 85, 80, 238 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 3(2)(v)(a) of the SC/ST Act. The appellant sought anticipatory bail under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, claiming he was falsely implicated and that the allegations were based on suspicion. The Special Public Prosecutor opposed bail, emphasizing the missing body and the ongoing investigation, arguing that bail could enable the appellant to abscond. After considering the submissions, the High Court declined to grant anticipatory bail, holding that the seriousness of the allegations and the risk of evasion warranted denial. Consequently, the appellant’s appeal against the refusal of bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under Section 14‑A(2) of the SC/ST Act in view of the alleged dowry death and missing body.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • SC/ST Act
  • scheduled caste
  • scheduled tribe
  • criminal procedure
  • bail denial
  • missing body

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5051 of 2025
                   Arising Out of PS. Case No.-172 Year-2025 Thana- SHYAMPUR BHATHAN District-
                                                        Sheohar
                 ======================================================
                 Raghunath Mandal S/O Late Rup Narayan Mandal R/O Village- Rohua, P.S-
                 Shyampur Bhatha, Distt.- Sheohar.
                                                                     ... ... Appellant/s
                                                   Versus
           1.     The State of Bihar
           2.     Mangal Ram S/O Late Asharfi Ram R/O Village- Bajitpur, P.S- Madhuvan,
                  Distt.- East Champaran at Motihari.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Hans Lal Kumar, Advocate
                 For the Respondent/s   :       Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-04-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

                   Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the

                   refusal of prayer for anticipatory bail vide order dated 17.11.2025

                   in A.B.P. No. 454 of 2025 passed by the learned 1 st District &

                   Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act,

                   Sheohar in connection with Shyampur Bhataha P.S. Case No. 172

                   of 2025 registered under Sections 85, 80, 238 and 3(5) of the BNS,

                   2023 as well as Sections 3(2)(v)(a) of the SC/ST Act.

                               3. Learned counsel appearing on behalf of the appellant

                   submits that appellant has antecedent of one case as would

                   manifest from the supplementary affidavit.
Patna High Court CR. APP (SJ) No.5051 of 2025(4) dt.23-04-2026
                                             2/3




                       4. It is submitted that informant alleges that his

          daughter was married to Sonu Mandal and out of the wedlock, two

          children were born. Further, after marriage, Sonu Mandal was

          demanding Rs.2 lakhs and a motorcycle but on account of non-

          fulfillment of the demand, Sonu Mandal used to torture her. It is

          further alleged that on 11.10.2025, named accused persons

          including the appellant along with unknown accused killed the

          daughter of the informant and concealed the dead body. It is next

          alleged that on 12.10.2025, the informant received an information

          from an unknown person that his daughter has been killed and her

          dead body has been concealed, accordingly, he reached the place

          of occurrence and came to know that his daughter is at the house

          of Biraj Mandal, accordingly, he went to the house of Biraj

          Mandal but no one was present in the house and the dead body

          was also missing, thus, alleges that his daughter was killed on

          account of non-fulfillment of dowry demand and the dead body

          went missing.

                       5. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that thrust of the

          allegation of demand of dowry and torture is against Sonu Mandal.

          It is next submitted that marriage of Sonu Mandal with the victim
           Patna High Court CR. APP (SJ) No.5051 of 2025(4) dt.23-04-2026
                                                        3/3




                     was a love marriage. It is also submitted that informant is not an

                     eyewitness to the occurrence but then he alleges that on

                     12.10.2025, he received an information that the accused persons

                     including the appellant have killed his daughter and the dead body

                     has been concealed, accordingly, he reached the place of

                     occurrence when he was informed that the victim is at the house of

                     Biraj Mandal but there also no one was found. It is further

                     submitted that the entire allegation hinges around suspicion.

                                  6. Learned Special Public Prosecutor for the State

                     opposes the prayer for anticipatory bail of the appellant and

                     submits that the dead body of the victim is missing and the

                     investigation of the case is continuing, hence, if the privilege of

                     anticipatory bail is granted to the appellant, the appellant may

                     abscond.

                                  7. Considering the submissions made by the learned

                     Special Public Prosecutor for the State, the Court is not inclined to

                     extend the privilege of anticipatory bail to the appellant in

                     connection with the aforesaid case.

                                  8. Hence, the prayer for anticipatory bail is rejected.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T


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