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Patna High Court

Sikendra Mandal @ Sikendra Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.65651 of 2025(4) dt.29-01-2026
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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/-
           Patna High Court CR. MISC. No.65651 of 2025(4) dt.29-01-2026
                                                       3/3




                     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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