Mithlesh Kumar @ Mithilesh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Mithlesh Kumar @ Mithilesh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in respect of Nadi P.S. Case No. 74 of 2024: release upon arrest or surrender within four weeks of receipt of the order, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Patna City, subject to Section 438(2) Cr.P.C. and the four additional conditions (bona fide family-member bailor; presence on every Trial-court date; no witness inducement or evidence tampering; desistance from further offences).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Nadi P.S. Case No. 74 of 2024 (sections 498A, 34 IPC; Section 3/4 Dowry Prohibition Act), given that his wife is unwilling to reside with him, a Panchayat-level settlement has occurred with return of the marriage items and payment of Rs. 3,00,000/-, and she has acknowledged receipt of the returned materials. +1 more

Court's answer

Anticipatory bail granted: in the event of arrest or surrender within four weeks from receipt of the order, the petitioner is to be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Patna City, in connection with Nadi P.S. Case No. 74 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Ground of the grant: taking into account that the lady is not ready to reside, a Panchayati had taken place, she has received the materials, and the FIR otherwise remains, the Court found itself inclined to grant the petitioner anticipatory bail with conditions.

Key takeaways

Additional conditions attached to the bail: (i) one bailor must be a family member/relative of the petitioner providing an official document showing bona fides; (ii) the petitioner must appear before the Trial court on every date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial court itself; (iii) the petitioner shall not induce, promise, threaten witnesses or tamper with evidence, failing which the State may seek cancellation of the bail bonds; and (iv) the petitioner shall desist from committing any criminal offence again, failing which the State may likewise seek cancellation.ratio¶¶35
The Court accepted the learned counsel for the petitioner's undertakings: that any photograph, and/or all photographs, of the lady posted on the petitioner's facebook account shall be deleted immediately, and that if her contention is correct that the P.A.N. Card remains with the petitioner, he shall ensure it is returned immediately.obiter¶¶27

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court, Crl. Misc. No. 10748 of 2025 (Rajiv Roy, J., 04-07-2025): The petitioner, apprehending arrest in Nadi P.S. Case No. 74 of 2024 (sections 498A, 34 IPC; Section 3/4 Dowry Prohibition Act) lodged on 06.03.2024 by his wife Manisha Kumari alleging dowry torture after their 2021 marriage, was granted anticipatory bail with conditions. The Court noted the couple's appearances on 12.05.2025 and 14.05.2025, the lady's refusal to continue the marriage, the agreed return of all items received at marriage beside Rs. 3,00,000/-, and a Panchayat-witnessed agreement dated 03.06.2025 recording her acknowledgement of receipt of the materials and educational certificate (with complaints as to a substituted ear ring, her P.A.N. Card, and photographs posted on the petitioner's facebook account). On that basis — the lady not being ready to reside, a Panchayati having taken place and the materials having been received — release was ordered on arrest or surrender within four weeks, on bail of Rs. 10,000/- with two like sureties to Judicial Magistrate-1st Class, Patna City, subject to S. 438(2) Cr.P.C. plus: (i) one bailor a family member/relative with official bona fide document, (ii) attendance on every Trial-court date with cancellation on two consecutive unjustified absences, (iii) no inducement/tampering, (iv) no fresh offences. Counsel's undertakings to delete all the lady's photographs from the facebook account and to return her P.A.N. Card immediately were accepted, and the parties were directed to file an appropriate petition before a Competent Civil Court regarding their separation.