Patna High Court
Aklesh Mandal @ Aklesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner as the evidence did not conclusively establish his participation in the alleged offence and he was presumed innocent pending trial.
Summary
The petitioner, Aklesh Mandal, sought bail in a case registered under Sections 61(2), 80 and 3(5) of the B.N.S., alleging that he was falsely implicated in the alleged dowry‑related death of his wife. The prosecution alleged that the deceased was killed by her in‑laws and hanged, while the defence highlighted the post‑mortem findings of a ligature mark consistent with suicide and the absence of other injuries. The petitioner's counsel argued that he was not present at the house at the time of the incident, had no criminal antecedents, and that the case diary indicated a suspicion of suicide. The State opposed bail, contending that investigation witnesses supported the prosecution's version. After considering the evidence and circumstances, the Court decided to enlarge the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 61(2), 80 and 3(5) of the B.N.S. in view of the alleged dowry‑death and the evidence suggesting suicide
- Whether the petitioner’s absence at the scene and lack of prior criminal record justify bail
Legislation cited
- B.N.S. — s. 3(5), 61(2), 80
Subjects
- bail
- dowry death
- suicide
- criminal procedure
- presumption of innocence
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88805 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
Aklesh Mandal @ Aklesh Kumar, S/o Late Amandi Mandal @ Late Anandi
Mandal, Resident of village - Shallu Dastola, P.S - Rangra, District -
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Deepak Kumar, Advocate
Ms. Isha Mishra, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rangra P.S. Case No. 03 of 2025 registered for the offence
punishable under Sections 61(2), 80 and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
daughter of the informant, namely, Moni Kumari (deceased)
was married to the petitioner and from that wedlock a daughter
is there. It is further alleged that she was being subjected to
cruelty on account of non-fulfillment of dowry demand. The
informant got an information that the deceased has been killed
by the in-laws and has been hanged.
Patna High Court CR. MISC. No.88805 of 2025(3) dt.12-02-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the postmortem report it is clear that the
doctor has found ligature mark up to both earpinna and no any
other external injury on the body. It has further been submitted
that from perusal of para ‘12’ of the case diary it will transpire
that F.S.L. has suspected suicide in this case. It has further been
submitted that from perusal of para ‘18’ of the case diary it is
clear that the Supervising Authority has held that villagers
have told that the petitioner and his younger brother have gone
out of station for their livelihood. It has also been submitted that
as a matter of fact the petitioner was not present at the house at
the time of occurrence. He is having no criminal antecedent and
he is languishing in judicial custody since 10.03.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that during course of investigation, witnesses have supported the
case of the prosecution.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.88805 of 2025(3) dt.12-02-2026
3/3
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M., Naugachia in connection with Rangra P.S. Case No.
03 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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