Patna High Court
Mangal DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioners, who are the father‑in‑law, mother‑in‑law and brothers‑in‑law of the deceased Babita Devi, sought anticipatory bail fearing arrest in a murder case (PS Case No. 1055 of 2023) registered under Sections 302, 306, 304B and 34 of the Indian Penal Code. The FIR alleged that the deceased was killed by the accused, including the petitioners, but the petitioners contended that she died by suicide after a marital dispute and that there was no dowry demand or torture. The police investigation concluded with a final report exonerating the petitioners, yet the magistrate proceeded to take cognizance. The High Court, after noting that the post‑mortem report did not conclusively establish cause of death and that the forensic report only detected poison, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S. 2023. The order directs the petitioners to surrender within four weeks if arrested, thereby protecting them from immediate detention.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the murder/ dowry death case.
- Whether the material on record, including the post‑mortem and forensic reports, justifies proceeding against the petitioners.
- Whether Section 482(2) of the B.N.S.S. 2023 empowers the court to discharge the petitioners pending investigation.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 302, 304B, 306, 34
Subjects
- anticipatory bail
- murder
- dowry death
- Indian Penal Code
- Section 304B
- Section 482
- false implication
- post‑mortem report
- forensic evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90523 of 2025
Arising Out of PS. Case No.-1055 Year-2023 Thana- MADHEPURA District- Madhepura
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1. Mangal Das S/O Late Janak Das R/O Vill. - Dhurgaon Ward No. 10, P.s.-
Madhepura (Bharrahi Op), Dist.- Madhepura
2. Manju Devi W/O Mangal Das R/O Vill. - Dhurgaon Ward No. 10, P.s.-
Madhepura (Bharrahi Op), Dist.- Madhepura
3. Rajeev Kumar S/O Mangal Das R/O Vill. - Dhurgaon Ward No. 10, P.s.-
Madhepura (Bharrahi Op), Dist.- Madhepura
4. Rupesh Kumar S/O Mangal Das R/O Vill. - Dhurgaon Ward No. 10, P.s.-
Madhepura (Bharrahi Op), Dist.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 29-04-2026 1. Heard the parties.
2. The petitioners apprehend their arrest in connection
with Madhepura ( Bharrahi O.P. ) P.S. Case No. 1055 of 2023
dated 11.10.2023 registered under Section 302, 306 of the I.P.C.
and cognizance taken on 20.08.2025 under Section 304(B), 34
of the I.P.C.
3. As per the F.I.R. about eight years back the
marriage of the complainant’s sister was solemnized with the
co-accused Ajay Das. On 15.09.2023 in the evening some verbal
dispute took place between the husband and wife and on
16.09.2023 the deceased’s brother got information from the
Patna High Court CR. MISC. No.90523 of 2025(5) dt.29-04-2026
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villagers that his sister has died in her matrimonial home. On the
basis of the statement made by the victim’s brother a U.D. case
was lodged however during course of investigation the family
members of the deceased complained that Babita Devi
(deceased) was killed either by administering poison or pressing
her neck by the accused persons including the petitioners.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case and they
have not committed any offence in the manner alleged. The
marriage of the victim lady was solemnized with the
co-accused Ajay Das about eight years back and there is no
allegation of demand of dowry or torture etc. Due to some
dispute with her husband the victim committed suicide by
consuming poison. A U.D. case was lodged by the Police
however subsequently the same was converted into F.I.R. The
cause of death by poison and zinc phosphide was detected in the
viscera report. The petitioner no. 1 is the father-in-law,
petitioner no. 2 is the mother-in-law, petitioner no. 3 & 4 are
‘devar’ (brother-in-law) of the deceased. Police after
investigation submitted final form exonerating the petitioners
and not sending them for trial however the learned Magistrate
differed with the final form and took cognizance against the
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petitioners without any material. The husband of the deceased
has been granted regular bail by a Coordinate Bench of this
court in Cr. Misc. No. 89944 of 2025.
5. Regard being had to the submission made by the
parties, taking into consideration the fact that in the post mortem
report doctor has not given the cause of death and has
mentioned cause of death to be ascertained after forensic lab
report and the F.S.L. report says that poison was found in the
viscera of the deceased, accordingly, I am inclined to grant
anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Madhepura in connection
with Madhepura (Bharrahi O.P.) P.S. Case No. 1055 of 2023
subject to the condition as laid down under Section 482 (2) of
the B.N.S.S. 2023.
praful/- (Anil Kumar Sinha, J)
U T
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