Patna High Court
Sitaram MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioners were granted bail subject to the conditions prescribed under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, who are the father‑in‑law, mother‑in‑law and a married nanand of a deceased woman, sought bail fearing arrest in a Shahkund police case (No. 19 of 2025) alleging offences under Sections 80 and 3(5) of the BNS. The allegation arose from a marriage where, after customary gifts, the accused allegedly demanded cash and a motorcycle, leading the deceased to commit suicide. The informant filed an application stating the petitioners had no role in the suicide and that the FIR was not read to him; the deceased’s husband had already obtained anticipatory bail in a related matter. The State opposed the bail application. The Court, after considering the facts, granted bail to the petitioners on furnishing a bond of Rs 10,000 with two sureties each, subject to conditions under Section 438(2) of the Criminal Procedure Code and compliance with the lower court’s directives.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) Cr.P.C. in connection with the alleged offences.
- Whether the petitioners can be held complicit in the suicide of the deceased.
- Whether the anticipatory bail granted to the deceased’s husband influences the bail application of the petitioners.
Legislation cited
- BNS Act — s. 3(5), 80
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Bihar
- suicide
- complicity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34166 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- SHAHKUND District- Bhagalpur
======================================================
1. Sitaram Mandal S/O Late Surya Narayan Mandal Resident of Village-
Tahvat Nagar, Sukh Sarovar, P.S- Shahkund, Distt.- Bhagalpur.
2. Asha Devi W/O Sitaram Mandal Resident of Village- Tahvat Nagar, Sukh
Sarovar, P.S- Shahkund, Distt.- Bhagalpur.
3. Nanki Devi @ Bishekha Devi W/O Raju Mandal @ Rajiv Mandal Resident
of Village- TManjhi, P.S- Sultanganj, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Vikas Mandal S/O Late Ramjivan Mandal R/O Village- Manjhli, P.S-
Sultanganj, Dist.- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md.Najmul Hodda, Adv.
For the Opposite Party/s : Mr.J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 30-01-2026 Heard learned counsel for the petitioners as well as the
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Shahkund P.S. Case No. 19 of 2025 registered for the
offences punishable under Sections 80, 3(5) of the BNS.
3. As per the allegation, the marriage of the informant’s
daughter was solemnized with Ajay Kumar. At the occasion of
marriage, customary presents and cash amount were given to the
family members of the husband of the deceased. After marriage,
the accused persons demanded cash and one motor-cycle. The
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deceased could not withstand the constant pressure and torments
mounted by the accused persons, as a result of which, she
committed suicide by hanging herself.
4. The learned counsel for the petitioners has
submitted that petitioner no. 1 is father-in-law, petitioner no. 2 is
mother-in-law, and petitioner no. 3 is married nanand of the
deceased. He has further submitted that the informant has filed
an application before the Court of the learned ACJM
(Annexure-3), wherein the informant has stated that the
petitioners have no complicity in the alleged occurrence and that
his daughter was suffering from mental agony and committed
suicide. The informant has further mentioned in the said
application that the FIR was not read over to him. He has also
submitted that the husband of the deceased, namely Ajit Kumar
@ Ajit Kumar Mandal, has been granted anticipatory bail by
this Court in Cr. Misc. No. 34651 of 2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioners, in the event of their arrest or
surrender within four weeks before the learned court below, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
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satisfaction of learned ACJM-II, Bhagalpur/concerned court in
connection with Shahkund P.S. Case No. 19 of 2025, subject to the
conditions as laid down under Section 438(2) Cr.P.C.
7. The petitioners shall appear on each and every
date fixed by the Court, and if they fail to do so on two
consecutive dates, unless prevented by extremely adverse
circumstances, the learned court below shall be at liberty to
cancel the bail bonds of the petitioners.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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