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Patna High Court

Aklesh Mandal @ Aklesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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