Patna High Court
Bhola Mandal @ Bholu Mandal @ Bhola Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS, 2023 — s. 3(5), 80
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
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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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