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Patna High Court

Vikash MandalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The application for regular bail was denied.

Summary

Vikash Mandal, the husband of a woman who died allegedly due to dowry demands, applied for regular bail in a case registered under Section 304B of the IPC. The prosecution alleged that he, along with others, tortured his daughter-in-law for a motorcycle and she was burnt to death. The petitioner claimed false implication, citing that the father-in-law and mother-in-law were acquitted and that the informant’s deposition did not support the case against him. The court noted the seriousness of the dowry‑death allegation, the petitioner’s nine‑year abscondment, and his relationship to the deceased, and consequently refused bail. The trial court was directed to expedite the trial.

Issues considered

  • Whether regular bail can be granted to an accused in a dowry‑death case under Section 304B of the IPC
  • Whether the petitioner’s alleged nine‑year abscondment and relationship to the deceased preclude bail

Legislation cited

Subjects

  • dowry death
  • regular bail
  • IPC 304B
  • abscondment
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88047 of 2025
                        Arising Out of PS. Case No.-14 Year-2016 Thana- PUPRI District- Sitamarhi
                 ======================================================
                 Vikash Mandal S/o Triveni Mandal Resident of Village- Sasaula @ Bhima
                 Sasaula @ Bhima Makleshwar, P.S.- Pupri @ Pupari, Dist.- Sitamarhi

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   24-02-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sessions Trial no.335 of

                   2025, arising out of Pupri P.S. Case no.14 of 2016 registered

                   under section 304B of the Indian Penal Code.

                                    3. As per the prosecution case, the informant states

                   that the accused persons including the petitioner herein who

                   happens to be the husband of her daughter tortured her daughter

                   for non-fulfillment of demand of dowry by way of a motorcycle

                   and ultimately she was burnt to death.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. The

                   allegations levelled in the FIR are false and concocted. The

                   father-in-law and mother-in-law of the deceased were acquitted
            Patna High Court CR. MISC. No.88047 of 2025(4) dt.24-02-2026
                                                        2/2




                      by the learned trial Court. Referring to the deposition of the

                      informant and father of the deceased in course of trial, it is

                      submitted that he did not support the prosecution case against

                      the accused persons nor against this petitioner. The petitioner is

                      in custody since 8.4.2025 and undertakes to cooperate in the

                      trial.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations against the petitioner in

                      the FIR, the petitioner being the husband of the deceased, the

                      deceased having been burnt to death as a result of non-

                      fulfillment of demand of dowry by way of a motorcycle and in a

                      case of the year 2016, the petitioner having absconded for 9

                      years till he was taken into custody in the year 2025, the Court

                      is not inclined to enlarge the petitioner on bail and the

                      application is rejected.

                                   7. Learned trial Court is directed to expedite the trial.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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