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Patna High Court

Bhola Mandal @ Bholu Mandal @ Bhola Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Bhola Mandal, was arrested on 20 March 2025 in connection with a dowry death case (S.Tr. No.635 of 2025) under Sections 80 and 3(5) of the BNS, 2023. He contended that the deceased had committed suicide and that he merely assisted her to a hospital, asserting a clean criminal record. The Additional Public Prosecutor opposed bail, arguing the seriousness of the alleged dowry death. The court examined the facts, noted the petitioner's clean antecedent and the possibility of suicide, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional District and Sessions Judge‑XIII, Bhagalpur.

Issues considered

  • Whether bail should be granted to the accused in a dowry death case where the death may be a suicide.
  • Whether the petitioner’s clean antecedent and the circumstances of the death justify bail under Sections 80 and 3(5) of the BNS, 2023.

Legislation cited

Subjects

  • bail
  • dowry death
  • suicide
  • Section 80
  • Section 3(5)
  • BNS 2023
  • Patna High Court
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91038 of 2025
                     Arising Out of PS. Case No.-100 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Bhola Mandal @ Bholu Mandal @ Bhola Kumar Mandal Son of Late Nirmal
                 Mandal R/o Village - Ammapali, P.S. - Pirpainti, District - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ankit Raj, Advocate
                 For the Opposite Party/s :       Ms.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   16-03-2026                      Heard Mr.Ankit Raj, learned counsel for the

                   petitioner and Ms.Suman Kumari Singh, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   20.03.2025 in connection with S.Tr. No.635 of 2025(arising out

                   of Pirpainty P.S.Case No. 100 of 2025), F.I.R. dated 18.03.2025

                   registered for the offence punishable under Sections 80, 3(5) of

                   BNS,2023.

                                3. Allegation against the petitioner is that he

                   alongwith other co-accused persons have in furtherance of their

                   common intention committed the dowry death of the daughter

                   of the informant.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. The petitioner
Patna High Court CR. MISC. No.91038 of 2025(3) dt.16-03-2026
                                            2/3




          has been made accused in the present case merely on the ground

          that he is husband of the deceased. In fact the deceased has

          committed suicide herself and when the deceased has consumed

          the poison, the petitioner alongwith his family carried the

          deceased for her treatment to Referral Hospital Pirpainti.

          Thereafter, the deceased has been referred to K.K. Nursing

          Home,       Bhagalpur and where she died and apart from the

          aforesaid, the informant in paragraph-4 of the case diary has

          accepted that the petitioner’s family has informed her about the

          incident and she alongwith her family members have gone to the

          K.K.Nursing Home where she died and the police, after

          investigation, submitted chargesheet against the petitioner and

          the petitioner is in custody since 20.03.2025.

                         5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, it has come during investigation that the deceased

          has committed suicide herself as well as the period of custody,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs.10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Additional

          District and Sessions Judge-XIII, Bhagalpur in connection with
               Patna High Court CR. MISC. No.91038 of 2025(3) dt.16-03-2026
                                                           3/3




                         S.Tr. No.635 of 2025(arising out of Pirpainty P.S.Case No. 100

                         of 2025), with the following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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