Dhanbir Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70917 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== 1.

Dhanbir Mandal S/o Budhan Mandal R/o Village- Marukiya, PS- Khajauli, Dist- Madhubani 2.

Anita Devi W/o Dhanbir Mandal R/o Village- Marukiya, PS- Khajauli, DistMadhubani ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2025 Heard learned counsel for the parties.

2. Petitioners seek regular bail in a case registered for the offence punishable under sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per prosecution case, on 16.10.2024 informant's husband left home and did not return. Later on, his dead body was found in mango orchard with throat slit. Informant suspects that due to prior dispute, petitioner no.2 called her husband (deceased) in orchard and slit his throat with the help of her husband (petitioner no.1) and other family members.

4. Learned counsel appearing for the petitioners submits petitioners are husband and wife. Petitioner no.2 is younger sister of the informant. Informant is not an eye witness to the occurrence. Suspicion has been raised against these petitioners, since petitioner no.2 is Sali of deceased and she used to talk with the deceased on phone. During investigation, none of the witnesses have stated about the participation of these petitioners in the alleged offence. Charge sheet has already been

Patna High Court CR. MISC. No.70917 of 2025(3) dt.01-12-2025 2/2 filed. Petitioners claim clean antecedent and they are in custody since 18.10.2024.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the nature of accusation and period of custody of these petitioners, their prayer for regular bail is allowed. Let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- each (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Madhubani in Khajauli Police Station Case No. 238 of 2024.

(Prabhat Kumar Singh, J) Shashi U T