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Patna High Court

Gobardhan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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