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Patna High Court

Babul Mandd @ Bablu Kumar @ Babul Mandal@ Bablu MandalversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Babul Mandal, was arrested on 10 February 2025 in connection with a dowry‑related homicide alleged to have occurred on 15 December 2024, wherein the victim Ruby Devi was allegedly beaten and strangled. The FIR, filed by a relative, accuses the accused of demanding two lakh rupees as dowry and causing the victim's death, invoking Sections 103(1) and 3(5) of the BNS. The petitioner contended that he has a clean antecedent, that the FIR is fabricated, and that no specific allegation of assault or dowry demand is made against him individually. The prosecution presented a post‑mortem report indicating death by asphyxia due to throttling, supporting the seriousness of the offence. The learned Additional Public Prosecutor opposed bail, emphasizing the gravity of the charges and the evidentiary material. The Court examined the material on record and found no compelling reason to relax the custodial requirement. Consequently, the Court refused the petitioner's bail application.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the BNS in a dowry‑death case.
  • Whether the allegations in the FIR constitute sufficient ground to deny bail.

Legislation cited

  • BNS — s. 103(1), 3(5)

Subjects

  • bail
  • dowry death
  • Sections 103(1) BNS
  • Section 3(5) BNS
  • criminal procedure
  • post‑mortem report
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87758 of 2025
                     Arising Out of PS. Case No.-774 Year-2024 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Babul Mandd @ Bablu Kumar @ Babul Mandal@ Bablu Mandal Son of
                 Hareram Mandal Resident of village- Dholbajja, Ward No 13, Panchayat
                 Kirkichiya, PS- Forbisganj District- Araria

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Gopal Kumar Jha, Advocate
                 For the State           :        Mr. Anil Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   30-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   10.02.2025 in connection with Forbisganj P.S. Case No. 774 of

                   2024 for the offences punishable under Sections 103(1) and 3(5)

                   of BNS.

                                3. The prosecution story, in brief, is that the informant

                   gave written application to the police alleging therein that his

                   sister, namely, Ruby Devi was married to the co-accused namely

                   Babul Mandal, 13 years ago. After marriage, the sister of the

                   informant gave birth to three girls and a boy. The accused

                   persons kept demanding two lakh rupees from the sister of the

                   informant. He used to abuse and beat the deceased regarding
Patna High Court CR. MISC. No.87758 of 2025(5) dt.30-03-2026
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          demand of dowry. On 15/12/2024, at around 11:00 am, all the

          accused named in the F.I.R. together beat and strangled the

          deceased to death. After that, it was found out through the

          village's neighbor that the sister of the informant had died. Then

          the informant and others came to the place of occurrence and

          saw that his sister's dead body was lying there like an unclaimed

          body.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that, in fact, the

          petitioner has performed marriage with the victim, namely,

          Ruby Devi, 13 years ago and there was not any complaint

          between the parties and from bare perusal of the FIR it appears

          that the petitioner is named in the FIR but there is no specific

          allegation of assault or overt act or demand of dowry against the

          petitioner. It is further submitted that the allegations are general

          and omnibus in nature against all the accused persons including

          the petitioner and petitioner has made an accused in the case

          based on the ground that petitioner is husband of the deceased.
           Patna High Court CR. MISC. No.87758 of 2025(5) dt.30-03-2026
                                                       3/3




                                 5. The learned Additional Public Prosecutor has

                     vehemently opposed the prayer for bail of the petitioner and

                     submits that postmortem report of the victim suggests that the

                     cause of death is Asphyxia as a result of throttling and other

                     injuries were also present on the body of the deceased victim.

                                  6. Considering the aforesaid facts, I am not inclined to

                     enlarge the petitioner on bail in connection with Forbisganj P.S.

                     Case No. 774 of 2024 pending in the court of learned 1 st

                     Additional Sessions Judge-cum-Special Judge, Araria.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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