Manish Kumar Bhagat Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Manish Kumar Bhagat Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in Complaint Case No. 735 of 2023: release on bail in the event of arrest/surrender within four weeks on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each, subject to Section 438(2) CrPC conditions, cooperation in investigation/trial, and payment of Rs. 3500/- per month to the informant, with liberty to O.P. No. 2 to file for cancellation of bail on default of two consecutive payments after furnishing bank account details.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 735 of 2023 registered for offences punishable under Sections 323 and 498(a) of the Indian Penal Code, is entitled to anticipatory bail.

Court's answer

The complaint discloses general and omnibus allegations of demand of dowry and torture.

Ratio / Principle

Anticipatory bail granted: in the event of the petitioner's arrest or surrender within four weeks, he is to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Purnea in Complaint Case No.735 of 2023, subject to the conditions laid down under Section 438(2) CrPC and subject to the further condition that the petitioner shall cooperate in investigation/trial.

Key takeaways

The order records the petitioner's offer to pay Rs. 3500/- per month to the informant (subject to final outcome of any maintenance proceeding) and provides that if O.P. No. 2 furnishes her bank account details and yet the petitioner fails to pay the aforesaid amount on two consecutive dates, O.P. No. 2 would be at liberty to file for cancellation of bail.ratio¶¶25

Detailed headnote1 paragraphs

Anticipatory bail — Complaint Case No. 735 of 2023, P.S. Purnia (Complaint Case), District Purnea — offences punishable under Sections 323 and 498(a) of the Indian Penal Code — allegation of demand of dowry and torture held by the Court to be general and omnibus — petitioner's offer to pay Rs. 3500/- per month to the informant, subject to final outcome of any maintenance proceeding, recorded — anticipatory bail granted: petitioner to be released on bail in the event of arrest/surrender within four weeks on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Purnea, subject to conditions under Section 438(2) CrPC and cooperation in investigation/trial — O.P. No. 2 to furnish bank account details within two weeks; on petitioner's failure to pay on two consecutive dates thereafter, O.P. No. 2 at liberty to file for cancellation of bail (Soni Shrivastava, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31990 of 2024

Arising Out of PS. Case No.-735 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia

======================================================

Manish Kumar Bhagat son of Sri Shyam Bhagat Resident of VillageHarnaha, P.S.-Tikapatti, Dist.- Purnea

... ... Petitioner/s

Versus

The State of Bihar

Yashoda Devi Daughter of Sri Ashok Bhagat Resident of Village- Dhamdaha (Near Sub-Division Office), P.S.- Dhamdaha, Dist.- Purnea

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar Anand For the Opposite Party/s : Mr.Nityanand ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

7 17-04-2025

Heard learned counsel for the petitioner, learned

counsel for the complainant and the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 735 of 2023 registered for the offences punishable under Sections 323,498(a), of the Indian Penal Code.

The complaint discloses a is general and omnibus allegation of demand of dowry and torture.

Learned counsel for the petitioners submits that the allegation made in the complaint case are not correct and as a matter of fact, there has been no demand of dowry and torture inflicted upon the O.P.No.2. It has further been submitted that he

Patna High Court CR. MISC. No.31990 of 2024(7) dt.17-04-2025 2/3

has gone to the parental home of the complainant to bring her back to the matrimonial home, several times, but the complainant, is not ready to live with the petitioner.

Learned APP for the State and learned counsel for the complainant oppose the bail application of the petitioner.

At this stage, the learned cousnel for the petitioner makes an offer to pay a sum of Rs. 3500/- per month to the informant, subject to final outcome of any maintenance proceeding.

Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st class, Purnea in Complaint Case No.735 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall cooperate in investigation/ trial.

Learned counsel for the O.P.No. 2 under instruction, submits that she undertakes to provide her bank

Patna High Court CR. MISC. No.31990 of 2024(7) dt.17-04-2025 3/3

account details to the petitioner within a period of two weeks from today, If the O.P.No. 2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail .

(Soni Shrivastava, J)

N.K/-

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