Patna High Court
Jawahar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted and dismissed the petitioner's bail application.
Summary
The petitioner, Jawahar Mandal, was arrested in connection with a dowry death case (Bhawanipur P.S. Case No. 167 of 2025) under sections 103(1), 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, as the husband, tortured his wife for dowry and caused her death by throttling. The petitioner contended that the allegations were false, claiming the deceased committed suicide after a trivial dispute and that the mother of the deceased corroborated his version. The State opposed bail, relying on the post‑mortem report indicating antemortem throttling and the mother’s statement that the petitioner assaulted the victim. After considering the FIR, witness statements, and forensic findings, the court found sufficient grounds to deny regular bail. Consequently, the bail application was rejected, with liberty granted to file a fresh bail petition after one year in custody or after framing of charge, whichever is later.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 103(1), 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 in a dowry death case.
- Whether the post‑mortem findings and witness statements justify denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 80
Subjects
- dowry death
- regular bail
- Bhartiya Nyaya Sanhita
- throttling
- post‑mortem report
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18253 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- Bhawanipur District- Bhagalpur
======================================================
Jawahar Mandal Son of Late Bhim Mandal R/o Village - Birbanna, P.S. -
Bhawanipur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
Ms. Kumari Nitu, Advocate
Mr. Vikas Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bhawanipur P.S. Case
no.167 of 2025, registered under sections 103(1), 80 and 3(5) of
the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that her daughter was married to the petitioner herein. Soon
after the marriage, the accused persons including the petitioner
herein who happens to be her husband used to torture her for
demand of dowry. It is stated that ultimately they assaulted and
injured her and thereafter pressing her neck, she was killed.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the
Patna High Court CR. MISC. No.18253 of 2026(4) dt.07-05-2026
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reason that he happens to be the husband of the deceased. The
allegations as levelled in the FIR are all false and concocted. It
was over a trivial dispute that the deceased hung herself after
pushing out the petitioner and locking herself inside the room.
At the time of occurrence, the mother of the deceased was
present at the petitioner’s place and she has given a statement to
this effect which has been recorded in the case diary. The
petitioner is in custody since 8.10.2025 and has no criminal
antecedent. He undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP
for the State, who submits that though it is not disputed that
mother of the deceased was present at the time of occurrence
and after a fight with the petitioner, the deceased had locked
herself inside the room, however from the contents of the
postmortem report it would transpire that the cause of death is
said to be antemortem throttling. Accepting the statement of
mother of the deceased, it was the petitioner who had assaulted
her just before her death.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation including the
statement of witnesses and the postmortem report, the Court is
Patna High Court CR. MISC. No.18253 of 2026(4) dt.07-05-2026
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not inclined to enlarge the petitioner on bail and the application
is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail on completing one year in custody or after
framing of charge, whichever is later.
(Partha Sarthy, J)
Shiv/-
U T
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