Umesh Mandal @ Umesh Kumar MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17207 of 2026
                    Arising Out of PS. Case No.-47 Year-2025 Thana- MAHILA P.S. District- Madhubani
                 ======================================================
                 Umesh Mandal @ Umesh Kumar Mandal, Son of Ram Gulam Mandal, R/o
                 Village- Satlakha, Mani Das Tol, P.S.- Rahika, District- Madhubani.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rani Kumari W/O - Mithilesh Mandal, R/O- Vill- Satlakha Mani Das Tol,
                 P.S.-Rahika, Dist- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Gagan Deo Yadav, Advocate
                                                  Mr. Ravi Prakash, Advocate
                 For the State           :        Md. Nazir Ansari, APP
                 For the informant       :        Mr. Shailendra Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   24-06-2026                   Heard Mr. Gagan Deo Yadav, learned Advocate for

                   the petitioner and the learned APP for the State. The informant

                   is represented through Mr. Shailendra Kumar Jha, learned

                   Advocate.

                                 2. The petitioner is apprehending his arrest in

                   connection with Mahila P.S. Case No. 47 of 2025 registered for

                   the offences under Sections 126(2), 115(2), 76, 85, 352 and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the

                   Dowry Prohibition Act.

                                 3. Based upon the written report, it is alleged that the

                   marriage of the informant was solemnized with the brother of

                   the petitioner in 2016, however, the family members, including
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          the petitioner, were indulged in abusing and assaulting. On

          21.09.2024, the husband of the informant brutally assaulted her

          and also demanded Rs.5,00,000/-. It is further alleged that this

          petitioner also keeping evil eye over her and on 08.06.2025

          while the informant was alone she was assaulted and her clothes

          were torn. On 24.06.2025, all the accused persons ousted her

          from the matrimonial house and when the informant tried to

          organize Panchayati on 05.07.2025, they refused to do so.

                       4. Learned Advocate for the petitioner taking this

          Court through the F.I.R. contended that the entire occurrence

          took place on 21.09.2024, 08.06.2025 and finally on

          24.06.2025, but the present F.I.R. came to be instituted on

          30.07.2025. The allegation against the petitioner is of keeping

          evil eye over the informant and causing assault does not inspire

          confidence, as no complaint has ever been made. Moreover,

          marriage was solemnized long back on 10.07.2016 and, as such,

          any demand of dowry appears to be not trust worthy is the

          contention of the learned Advocate for the petitioner. The

          petitioner is non-else, but the brother-in-law of the informant

          and the husband has already been granted bail.

                       5. On the other hand, learned APP for the State and

          the informant vehemently opposed the bail application and
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                       submit that there is specific accusation that this petitioner was

                       keeping evil eye on the informant and on 08.06.2025 while she

                       was alone, she was assaulted and ravished by the petitioner.

                                    6. Having considered the submissions advanced by

                       the learned Advocate for the respective parties and taking note

                       of the fact the petitioner is non-else, but the brother-in-law of

                       the informant; the marriage was solemnized ten years ago and

                       the husband has already been granted bail, besides there is delay

                       in lodging of the F.I.R., let the petitioner, named above, in the

                       event of his arrest or surrender before the court below within

                       four weeks from the date of receipt/production of a copy of this

                       order, be released on bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees ten thousand) with two sureties of the like

                       amount each to the satisfaction of learned Sub-Divisional

                       Judicial Magistrate, Madhubani in connection with Mahila P.S.

                       Case No. 47 of 2025, subject to the condition as laid down

                       under Section 482 (2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close relative of the petitioner.


                                                   (Harish Kumar, J)
uday/-

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