Patna High Court
Hira Mandal @ Hira Kumar @ HiraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Hira Mandal, was arrested in connection with a dowry‑death case (Sursand P.S. Case No. 21 of 2025) under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the deceased was killed by her husband and in‑laws for non‑payment of dowry, but the petitioner claims he is the husband of the deceased, made no dowry demand, and has no criminal antecedents. The charge‑sheet is general and does not specifically implicate the petitioner, while a co‑accused has already been granted bail. The State opposed bail, but the court, considering the lack of specific allegations, the petitioner’s clean record and the length of custody, decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in a dowry‑death case.
- Whether the general nature of the charge‑sheet and lack of specific allegation against the petitioner justify denial of bail.
- Whether the petitioner’s custody period, clean antecedent and the bail granted to a co‑accused warrant bail in this case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3
- criminal procedure
- presumption of dowry death
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2188 of 2026
Arising Out of PS. Case No.-21 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
Hira Mandal @ Hira Kumar @ Hira S/o Nathuni Mandal Resident of village -
Bakhari Ward No. 12, P.O - Baghari, P.S - Sursand, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Garg, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Sursand P.S. Case No. 21 of 2025, instituted for the offences
punishable under Sections 80(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that daughter of
the informant has been done to death by her husband and in-
laws for non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.2188 of 2026(3) dt.20-02-2026
2/3
Learned counsel for the petitioner also submitted that the
petitioner is husband of the deceased. The petitioner has not
made any demand of dowry either to the deceased or her family.
No specific allegation has been attributed against the petitioner
rather the same is general and omnibus in nature. The petitioner
is in custody since 30.06.2025 and has got no criminal
antecedent. Learned counsel for the petitioner further submits
that other co-accused has been granted regular bail by this Court
vide order dated 15.07.2025 passed in Cr. Misc. No. 42288 of
2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Sursand P.S. Case No. 21 of 2025,
subject to the following conditions:
Patna High Court CR. MISC. No.2188 of 2026(3) dt.20-02-2026
3/3
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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