Patna High Court
Rajiv Kumar Mandal @ Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to a bond and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Rajiv Kumar Mandal and Jitendra Mandal, applied for bail fearing arrest in a case registered under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita concerning alleged dowry harassment and the death of a sister-in-law. The prosecution alleged that the informant's sister was married in 2021, faced dowry demands, was tortured, and was killed on 20-08-2025, with the petitioners purportedly implicated. The petitioners contended they are innocent, have no criminal antecedent, are merely relatives of the deceased, and that the husband of the deceased is already in custody. The State opposed bail, arguing the seriousness of the allegations. The court, after considering the petitioners' clean record, the custody of the primary accused, and the nature of the allegations, ordered bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita
- Whether the petitioners' relationship to the deceased and the custody of the primary accused justify release on bail
- Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in setting bail conditions
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 238, 3(5)
Subjects
- bail
- dowry death
- pre‑trial detention
- criminal procedure
- Section 103
- Section 238
- Section 3(5)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27378 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- SAKATPUR District- Darbhanga
======================================================
1. Rajiv Kumar Mandal @ Rajiv Kumar S/o Jitendra Mandal R/o Village -
Sherpur, P.S. - Sakattpur, Dist. - Darbhanga.
2. Jitendra Mandal S/o Birendra Mandal R/o Village - Sherpur, P.S. - Sakattpur,
Dist. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Satyendra Kumar Shrivastava, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 103(1), 238 and 3(5) of Bharatiya
Nyaya Sanhita.
3. As per prosecution case, informant solemnized the
marriage of his sister with co-accused Manish Kumar Mandal in
the year 2021. After some time of marriage, the husband and in
laws of informant’s sister started demanding dowry from her.
Due to non-fulfillment of the same, she was tortured and ill
treated. It is further alleged that on 20.08.2025, informant
received a secret information that his sister has been killed by
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the accused persons.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that petitioner no. 1 is cousin
of the husband of the deceased and petitioner no. 2 is cousin
father-in-law of the deceased. Petitioners are victims of over
implications. They are separate in mess and property and have
never tortured the deceased nor demanded any dowry. He next
submits that the marriage of the victim was solemnized on
09.05.2021 and she was died on 20.08.2025 due to ailment. The
husband of the deceased is already under custody. Petitioners
have no criminal antecedent. They undertake to cooperate in the
investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation against the petitioners, fair antecedent of the
petitioners as well as the fact that husband of the deceased is
already under custody, let the above named petitioners be
released on bail, in the event of arrest or surrender before the
learned court below within a period of six weeks from today, on
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furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Judicial Magistrate-I, Darbhanga in connection with
Sakatpur P.S. Case No. 94 of 2025, subject to the conditions as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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