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

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

What the court decided

AI extract

Outcome

Provisional (anticipatory) bail: release upon arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS 2023 conditions; provisional bail to be confirmed after six months' incident-free monitoring by the trial court.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 411(C) of 2024 (offence under Section 498A IPC), should be released on anticipatory/provisional bail.

Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on provisional bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 482(2) of the BNSS 2023.

Ratio / Principle

Bail is conditioned on both parties appearing before the concerned court on 17.11.2025, whereafter the petitioner is to take the complainant to the matrimonial house and keep her with full dignity and honour.

Key takeaways

The trial court is to watch the conduct of the petitioner and the complainant for six months; if there is no complaint from the complainant's side, the provisional bail shall be confirmed.ratio¶25
The complainant is expected to cooperate with the petitioner in restoring the matrimonial relationship.obiter¶26

Detailed headnote1 paragraphs

Anticipatory bail — matrimonial dispute — Section 498A IPC — Patna High Court (Khatim Reza, J, 16-10-2025) disposed of a Criminal Miscellaneous application by a husband apprehending arrest in Complaint Case No. 411(C) of 2024 (PS Case No. 411/2024, Barh, Patna), arising from an alleged dowry-torture complaint by his wife following a marriage solemnized on 07.12.2022. Direction: on arrest or surrender within six weeks, release on provisional bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS 2023 conditions; both spouses to appear on 17.11.2025 and the petitioner to restore the complainant to the matrimonial home with full dignity and honour; trial court to monitor the conduct of both for six months and confirm the provisional bail if no complaint is received from the complainant.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43205 of 2025

Arising Out of PS. Case No.-411 Year-2024 Thana- COMPLAINT CASE - BARH District-

Patna

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

Mithalesh Kumar @ Mitthu S/o Late Yadu Mistri R/o vill - Gosaymadhi, P.S.Sheikhpura, Distt.- Sheikhpura

... ... Petitioner/s

Versus

The State of Bihar

Switi Kumari D/o Ramesh Mistri, W/o Mithalesh Kumar R/o villSuryapura, P.S. - Athmalgola, Distt.- Patna

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 16-10-2025 Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends arrest in connection with Complaint Case No. 411(C) of 2024 instituted for the offence punishable under Section 498A of the Indian Penal Code.

The prosecution case, in short, is that the marriage of the petitioner was solemnized with the complainant on 07.12.2022 according to Hindu Rites. It is alleged that the petitioner’s side tortured the complainant for dowry due to which she went back to her parental house and is living there.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.43205 of 2025(3) dt.16-10-2025 2/3

case. It is further submitted that the allegation of demand of dowry is totally false. It is next submitted that the petitioner is ready to keep his wife (complainant) with full dignity and honour. Lastly, it has been submitted that petitioner has no criminal antecedents.

Learned A.P.P. has opposed the prayer for bail of the petitioners.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on provisional bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1^st Class, Barh, Patna in Complaint Case No. 411(C) of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further that both the parties will appear before the concerned court on 17.11.2025 and thereafter the petitioner will take the complainant to her matrimonial house with him and keep her with full dignity and honour.

The petitioner will keep the wife with him in the matrimonial home with full dignity. The trial court shall keep

Patna High Court CR. MISC. No.43205 of 2025(3) dt.16-10-2025 3/3

watch on the conduct of the petitioner as well as the complainant for a period of six months and if there is no complaint from the side of the complainant, the provisional bail of the petitioner shall be confirmed.

It is expected that the complainant will also co-

operate with the petitioner in restoring matrimonial relationship.

Accordingly, the application stands disposed of.

(Khatim Reza, J)

Sankalp/-

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