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Patna High Court

Shambhu MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to specified conditions.

Summary

Shambhu Mandal and Babita Devi were arrested on 1 January 2026 in connection with a case alleging torture and death due to a dowry demand, charged under Sections 80, 103 and 3(5) of the B.N.S. The petitioners contended that they were falsely implicated because the FIR contains only a generic allegation against all accused and no specific act or demand is attributed to them. They argued they have clean antecedents and were named merely as in‑laws of the deceased. The State opposed bail, but the court considered the lack of specific allegations and the petitioners' clean record. Justice Rajesh Kumar Verma ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was not to be delayed for verification purposes.

Issues considered

  • Whether the petitioners are entitled to bail despite being named in the FIR for alleged dowry‑related torture and death
  • Whether the absence of specific allegations against the petitioners warrants bail
  • Whether the conditions imposed by the court are appropriate under the circumstances

Legislation cited

Subjects

  • bail
  • dowry death
  • torture
  • false implication
  • criminal antecedents
  • Section 80 B.N.S.
  • Section 103 B.N.S.
  • Section 3(5) B.N.S.
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29606 of 2026
                        Arising Out of PS. Case No.-1 Year-2026 Thana- Kharagpur District- Munger
                 ======================================================
           1.     Shambhu Mandal S/O Late Janki Mandal R/vill- Muluktand, P.S.-
                  Kharagpur, Distt-Munger
           2.    Babita Devi W/O Shambhu Mandal R/vill- Muluktand, P.S.- Kharagpur,
                 Distt-Munger

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jyoti Ranjan Jha, Advocate
                 For the State           :         Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                     Heard Mr. Jyoti Ranjan Jha, learned counsel for the

                   petitioners and Mr. Lalan Kumar, learned APP for the State.

                                 2. Petitioners seek bail, who are in custody since

                   01.01.2026, in connection with H. Kharagpur @ Kharagpur P.S.

                   Case No. 01 of 2026, F.I.R. dated 01.01.2026 registered for the

                   offences punishable under Sections 80, 103, 3(5) of the B.N.S.

                                 3. Allegation against the petitioners is of committing

                   torture and caused death due to non-fulfillment of demand of

                   dowry.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners have clean antecedents and they have been falsely

                   implicated in the present case. It appears from the F.I.R. that
Patna High Court CR. MISC. No.29606 of 2026(2) dt.04-05-2026
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          although the petitioners are named in the F.I.R. but there is no

          specific allegatin of any assault or overt act or demand of dowry

          attributed against them rather there is general and omnibus

          allegation against all the accused persons including these

          petitioners and petitioners have been made accused merely on

          the ground that the petitioners are in-laws of the deceased. The

          husband of the deceased who happens to be son of the

          petitioners is in judicial custody since 01.01.2026. He further

          submits that the police after investigation submitted chargesheet

          against the petitioners and the petitioners are in custody since

          01.01.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of     learned      A.C.J.M. I, Munger in connection with H.

          Kharagpur @ Kharagpur P.S. Case No. 01 of 2026, subject to

          the following conditions :-

                       (1) Petitioners shall co-operate in the trial and shall
               Patna High Court CR. MISC. No.29606 of 2026(2) dt.04-05-2026
                                                           3/3




                         be properly represented on each and every date fixed by the

                         Court and shall remain physically present as directed by the

                         Court and on their absence on two consecutive dates without

                         sufficient reason, their bail bonds shall be cancelled by the

                         Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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