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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks from communication 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 SDJM, Barh, Patna (Complaint Case No. 139/C/2024), subject to payment of Rs. 4000/- per month as interim maintenance to the complainant/opposite party no. 2.

Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 139/C/2024 for alleged offences under Sections 498(A) IPC and Sections 3/4 of the Dowry Prohibition Act, should be released on bail in the event of his arrest or surrender. +1 more

Court's answer

In the event of the petitioner's arrest or surrender within four weeks from the date of communication of this order, he shall be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned SDJM, Barh, Patna, in connection with Complaint Case No. 139/C/2024.

Ratio / Principle

The release on bail is conditioned on the petitioner making payment of Rs. 4000/- (Rupees four thousand) per month as interim maintenance to the complainant/opposite party no. 2.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Cr. Misc. No. 12361 of 2025, order dt. 04-11-2025, Nawneet Kumar Pandey, J): petitioner apprehending arrest in Complaint Case No. 139/C/2024 (alleged offences under Sections 498(A) IPC and Sections 3/4 of the Dowry Prohibition Act, arising from marital discord) held entitled to release on bail upon arrest or surrender within four weeks, on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Barh, Patna, subject to the condition that he pay Rs. 4000/- (Rupees four thousand) per month as interim maintenance to the complainant/opposite party no. 2. An earlier reference to the Patna High Court Mediation and Conciliation Centre had failed (mediator's report dated 22.07.2025, Flag-M); the complainant asserted the petitioner had contracted a second marriage.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12361 of 2025

Arising Out of PS. Case No.-139 Year-2024 Thana- PATNA COMPLAINT CASE DistrictPatna

====================================================== Manish Kumar S/o- Sanjay Ram Village- Earai P.S-Sahjahanpur DistrictPatna

... ... Petitioner/s

Versus

The State of Bihar

Kavita Kumari D/o- Mahendra Ram Village- Kalyanpur Dih Ps- Athmalgola Dist- Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Kiran Kumari Sharma For the Opposite Party/s : Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

6 04-11-2025 Heard the learned counsel for the parties.

The petitioner apprehends his arrest for the

offences alleged under Sections 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, registered in connection with Complaint Case No. 139/C/2024.

The marital discord between the couple has

given rise to the present litigation.

Both the parties appear in Chambers with their respective counsels, casting allegations and counter

Patna High Court CR. MISC. No.12361 of 2025(6) dt.04-11-2025 2/3

allegation against each other, including playing tantrums and rantings.

To iron out the differences between the warring couple, earlier the matter was referred to the Patna High Court Mediation and Conciliation Centre. The report of the learned Mediator dated 22.07.2025 at Flag-M shows that the process of mediation could not yield fruitful result and thus the mediation failed.

The learned counsel for the petitioner submits that the complainant is unwilling to reside with the petitioner, who is ready to give Rs.4000/- to the complainant, as an interim maintenance.

It is submitted by the complainant that the petitioner has solemnized his second marriage.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 SDJM, Barh, Patna in connection with Complaint Case No. 139/C/2024, subject to the condition that the petitioner shall make payment of Rs.

Patna High Court CR. MISC. No.12361 of 2025(6) dt.04-11-2025 3/3

4000/- (Rupees four thousand) per month, as an interim

maintenance, to the complainant/opposite party no.2.

(Nawneet Kumar Pandey, J)

HR/-

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