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Patna High CourtCR. MISC./87758/2025rejected

Babul Mandd @ Bablu Kumar @ Babul Mandal@ Bablu Mandal v. The State Of Bihar

2026-03-30Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87758 of 2025 Arising Out of PS. Case No.-774 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Babul Mandd @ Bablu Kumar @ Babul Mandal@ Bablu Mandal Son of Hareram Mandal Resident of village- Dholbajja, Ward No 13, Panchayat Kirkichiya, PS- Forbisganj District- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the State :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 10.02.2025 in connection with Forbisganj P.S. Case No. 774 of 2024 for the offences punishable under Sections 103(1) and 3(5) of BNS.

3. The prosecution story, in brief, is that the informant gave written application to the police alleging therein that his sister, namely, Ruby Devi was married to the co-accused namely Babul Mandal, 13 years ago. After marriage, the sister of the informant gave birth to three girls and a boy. The accused persons kept demanding two lakh rupees from the sister of the informant. He used to abuse and beat the deceased regarding

Patna High Court CR. MISC. No.87758 of 2025(5) dt.30-03-2026 2/3 demand of dowry. On 15/12/2024, at around 11:00 am, all the accused named in the F.I.R. together beat and strangled the deceased to death. After that, it was found out through the village's neighbor that the sister of the informant had died. Then the informant and others came to the place of occurrence and saw that his sister's dead body was lying there like an unclaimed body.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and is innocent and he has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is next submitted that, in fact, the petitioner has performed marriage with the victim, namely, Ruby Devi, 13 years ago and there was not any complaint between the parties and from bare perusal of the FIR it appears that the petitioner is named in the FIR but there is no specific allegation of assault or overt act or demand of dowry against the petitioner. It is further submitted that the allegations are general and omnibus in nature against all the accused persons including the petitioner and petitioner has made an accused in the case based on the ground that petitioner is husband of the deceased.

Patna High Court CR. MISC. No.87758 of 2025(5) dt.30-03-2026 3/3

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that postmortem report of the victim suggests that the cause of death is Asphyxia as a result of throttling and other injuries were also present on the body of the deceased victim.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Forbisganj P.S. Case No. 774 of 2024 pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge, Araria.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T