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Patna High Court

Shyam Kishor MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
           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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