Patna High Court
Jai Mangal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted anticipatory bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
The petitioner, Jai Mangal Yadav, a 70‑year‑old father‑in‑law of a deceased woman, sought anticipatory bail in a case (Sanjhauli P.S. Case No. 148 of 2025) involving alleged dowry‑related offences under sections 80(2) and 3(5) of the Bihar Negotiable Securities Act and section ¾ of the Dowry Prohibition Act. The prosecution alleged that the deceased was found hanged after a dowry demand, and the petitioner was implicated as a co‑accused. The petitioner highlighted his clean antecedent, advanced age, and the fact that another co‑accused had already been granted bail by the same court. The State opposed the bail. Considering the petitioner’s seniority, lack of prior criminal record, and the precedent of bail to a co‑accused, the court granted anticipatory bail subject to monetary surety and strict conditions under Section 482(2) of the B.N.S.S. Act. The order directs the petitioner to appear before the trial court and prohibits tampering with witnesses or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. Act in a dowry‑related offence case.
- Whether the petitioner’s age, clean antecedent, and the bail granted to a co‑accused justify the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 3(5), 482(2), 80(2)
- Dowry Prohibition Act — s. ¾
Subjects
- anticipatory bail
- dowry death
- Section 80(2) B.N.S.S.
- Section 3(5) B.N.S.S.
- Section ¾ Dowry Prohibition Act
- senior citizen
- Section 482(2) CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13247 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- SANJHOLI District- Rohtas
======================================================
Jai Mangal Yadav Son of Ramlal Singh Resident of Village- Bensagar
(Khutahan), P.S.- Sanjhauli, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State
2. The petitioner apprehends his arrest in connection
with Sanjhauli P.S. Case No. 148 of 2025 for the offence
registered under sections 80(2), 3(5) of BNS and ¾ of D.P. Act.
3. As per the prosecution story, the informant alleged
that the victim lady was married to Gulshan Kumar on
17.06.2023 but on 31.07.2025, came the news about her death.
When they went to the in-laws house, found her hanging with
her dupatta around her neck. As the demand of dowry was there
prior to the death.
4. Learned Counsel for the petitioner submits that
petitioner is a father-in-law of the deceased and he is aged about
Patna High Court CR. MISC. No.13247 of 2026(2) dt.12-03-2026
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70 years of old. Further, to the best of his knowledge, the
husband is in custody, the reason has been recorded in the
learned Sessions Judge order as Asphyxia due to hanging. It is
next submitted that that one of the co-accused has already
granted bail by the Co-ordinate Bench of this Court vide order
dated 26.02.2026 passed in Cr. Misc. No. 13067 of 2026.
Petitioner has got clean antecedent as stated in Paragraph No. 3
of the petition.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail.
6. Considering the aforesaid fact that co-accused has
already granted bail by the Co-ordinate Bench of this Court
vide order dated 26.02.2026 passed in Cr. Misc. No. 13067 of
2026 as also the fact that the petitioner is aged about 70 years,
having no criminal antecedent, this Court is inclined to grant
him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-1st, Bikramganj (Rohtas) in connection with
Patna High Court CR. MISC. No.13247 of 2026(2) dt.12-03-2026
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Sanjhauli P.S. Case No. 148 of 2025 subject to condition as laid
down under Section 482(2) of the B.N.S.S.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner 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;
(iii) the petitioner 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 bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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