Patna High Court
Babul Mandd @ Bablu Kumar @ Babul Mandal@ Bablu MandalversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
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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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