Patna High Court
Shyam Kishor MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petitioners' prayer for anticipatory bail under Section 482(2) of the B.N.S.
Summary
The petitioners, Shyam Kishor Mandal and his wife Pramila Devi, sought anticipatory bail in a dowry death case where they were alleged to have participated in the torture and murder of the deceased daughter-in-law. The prosecution had charged them under Sections 80, 103(1) and 3(5) of the B.N.S. for dowry-related offenses, while the primary accused, the husband, was already in custody. The petitioners contended they were innocent, having no involvement in the dowry demands or the murder, and argued that the allegations against them were general, omnibus, and lacked specific overt acts. The State opposed the bail, but the court noted the petitioners' clean antecedents and the vague nature of the accusations. Consequently, the court granted anticipatory bail, directing them to furnish a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S. in view of the general and omnibus nature of the accusations
- Whether the petitioners' clean antecedents justify the grant of bail despite the serious nature of the alleged dowry death
Legislation cited
- B.N.S. — s. 103(1), 3(5), 482(2), 80
Subjects
- dowry death
- anticipatory bail
- Section 482
- general and omnibus accusation
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5593 of 2026
Arising Out of PS. Case No.-38 Year-2025 Thana- GHOGHARDIHA District- Madhubani
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1. Shyam Kishor Mandal Son of Late Ramrup Mandal Resident of village -
Ratansara, P.S.- Ghoghardiha, District - Madhubani.
2. Pramila Devi Wife of Shyam Kishor Mandal Resident of village - Ratansara,
P.S.- Ghoghardiha, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Ravi Prakash, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 80, 103(1)
and 3(5) of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of her daughter was solemnized
with co-accused Shivam Kumar about 11 months ago as per
Hindu rites and rituals and thereafter, all the F.I.R. named
accused persons, including these petitioners, committed torture
and harassment with the victim due to non-fulfillment of
demand of dowry and subsequently, all the accused persons
Patna High Court CR. MISC. No.5593 of 2026(2) dt.11-02-2026
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committed murder of the victim.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be father-in-law and Petitioner No. 2 happens to be mother-
in-law of the deceased. Petitioners are separate in mess and
property and have got no concern with the affairs of the
deceased and her husband. Informant is not an eye witness of
the alleged occurrence. Allegation of demand of dowry is
general and omnibus and no specific accusation of overt act has
been alleged against these petitioners. Thrust of accusation is
against husband of deceased who is already in custody since
16.03.2025. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.5593 of 2026(2) dt.11-02-2026
3/3
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned J.M. 1st Class,
Jhanjharpur, Madhubani in connection with Ghoghardiha P.S.
Case No. 38 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
Shashank/
Abhishek-
U T
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