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Patna High Court

Rajiv Kumar Mandal @ Rajiv KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.27378 of 2026(2) dt.06-05-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.27378 of 2026(2) dt.06-05-2026
                                                        3/3




                      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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