Patna High Court
Gobardhan MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, Gobardhan Mandal and Lalmuni Devi, aged 76 and 72, applied for anticipatory bail after being implicated in a murder case concerning the death of the informant's daughter, allegedly over a dowry dispute. The FIR alleged their involvement under Sections 80 and 3(5) of the B.N.S., but the petitioners argued that no specific overt act was attributed to them and that the primary accused, the deceased's husband, was already in custody. The State and the informant opposed the bail, relying on the FIR allegations. The court considered the petitioners' advanced age, lack of direct allegations, and the custody of the main accused, and decided to grant anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order directs the lower court to release them on bail if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the elderly father-in-law and mother-in-law accused under Sections 80 and 3(5) of the B.N.S. in a dowry‑related murder case.
- Whether the absence of specific overt acts against the petitioners and the custody of the primary accused justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- murder
- elderly accused
- Section 438
- Section 482
- B.N.S.
- dowry dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13731 of 2026
Arising Out of PS. Case No.-542 Year-2025 Thana- PIRPAINTI District- Bhagalpur
======================================================
1. Gobardhan Mandal S/o Late Bouku Mandal R/o Vill- Tadwa, PS- Pirpainti,
District- Bhagalpur
2. Lalmuni Devi W/o Gobardhan Mandal R/o Vill- Tadwa, PS- Pirpainti,
District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh
For the Opposite Party/s : Mr.Raj Kishor Singh
For the Informant Ms. Shristi Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners, learned counsel
for the informant and learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in a case
registered for the offence punishable under Sections 80, 3(5) of the
B.N.S.
3. Petitioners along with other accused persons are said to
have committed murder of the daughter of the informant for non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the
petitioners are old father-in-law and mother-in-law of the deceased
and no specific overt act has been alleged against them rather
petitioners reside separately and they are both aged about 76 and 72
years respectively. Further, the postmortem report also indicates that
Patna High Court CR. MISC. No.13731 of 2026(2) dt.18-03-2026
2/2
the death has been caused due to asphyxia and shock it is consistent
with antemortem hanging. Further, the husband of the deceased, who
is primarily responsible for the welfare of his wife, is already in
custody which has been specifically stated in paragraph-11 of the
petition.
5. Learned APP for the State and learned counsel for the
informant have opposed the application for anticipatory bail on the
basis of allegations made in the First Information Report.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioners are
old aged father-in-law and mother-in-law with no specific allegations
coupled with the fact that the husband of the deceased is already in
custody, let the petitioners above named, in the event of their arrest
or surrender before the learned Court below within a period of four
weeks from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned court below where the
case is pending/successor court in connection with Pirpainti P.S. Case
No. 542 of 2025, subject to the condition as laid down under Section
438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…