Patna High Court
Shambhu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 103, 3(5), 80
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
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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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