Patna High Court
Sikendra Mandal @ Sikendra Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner on the condition of a Rs 10,000 bond with two sureties, subject to cooperation with the trial.
Summary
The petitioner, Sikendra Mandal, was charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act for allegedly assaulting his wife, causing her death and attempting to stage it as a suicide. He contended that he was falsely implicated, pointing out the absence of external injuries, that the cause of death was ante‑mortem hanging, and that the FIR was lodged six days after the post‑mortem. He further alleged that the deceased’s parents demanded Rs 5 lakhs and sought transfer of his property, which he claimed motivated the false accusation. The State opposed the bail application. After considering the seriousness of the offences, the delay in filing the FIR, and the petitioner’s claim of false implication, the court directed that regular bail be granted on a bond of Rs 10,000 with two sureties, subject to the petitioner’s cooperation and availability for trial.
Issues considered
- Whether regular bail can be granted to an accused of offences under Sections 103(1) and 3(5) of the BNS involving alleged murder and staged suicide.
- Whether the delay in lodging the FIR and the alleged lack of external injuries affect the grant of bail.
- Whether allegations of false implication and motive for the complaint justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- murder
- suicide
- FIR delay
- false implication
- Sections 103(1) BNS
- Section 3(5) BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65651 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- TATARPUR District- Bhagalpur
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Sikendra Mandal @ Sikendra Kumar Mandal S/O Naresh Mandal R/O
Mohalla- Rikabganj Naya Tola, P.S.- Tatarpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 29-01-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Tatarpur P.S. Case No. 29 of 2025, registered for the
offences punishable under Sections 103(1), 3(5) of the BNS.
3. As per allegation, the petitioner, husband of the
deceased, used to subject her to mental and physical cruelty. It is
alleged that on 19.02.2025 at about 07:00AM, the petitioner
under the influence of liquor, assaulted the deceased, resulting
into her death and thereafter, he attempted to give it the colour
of suicide by hanging the dead body with the help of others.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. The death of the deceased occurred after 10 years of
the marriage and two years after the birth of two children. He
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has further submitted that the allegation of assault is false, as no
external injury was found on the dead body. The cause of death
was found due to ante-mortem hanging, which shows that the
deceased had committed suicide. He has also submitted that the
occurrence took place on 19.02.2025 and the inquest was
prepared on the same day, but the FIR was lodged on
25.02.2025, even though the post-mortem was conducted on
19.02.2025. The delay in lodging the FIR has been explained by
a family member of the deceased himself. In paragraph no. 42
of the case diary, the witness( family member of the deceased)
has stated that the parents of the deceased were demanding Rs. 5
lakhs from the petitioner and also sought the landed property of
the petitioner be transferred in the name of his minor children.
Due to non-compliance with their demand, the petitioner has
falsely been implicated. The petitioner has been in custody since
16.07.2025.
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 petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
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with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate-I, Bhagalpur/concerned Court in
connection with Tatarpur P.S. Case No. 29 of 2025, subject to
the following conditions that the petitioner shall cooperate in
the disposal of trial and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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