Mithilesh Kumar @ Mithlesh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

Mithilesh Kumar @ Mithlesh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

Release on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each, to the satisfaction of learned J.M. 1st Class, Sasaram District Rohtas in connection with Darihat P.S. Case No. 32 of 2025, subject to four conditions (bona fide family-member bailor with official ID; attendance on every Trial Court date with cancellation after two consecutive unexplained absences; no inducement/threat to witnesses or tampering with evidence; desistence from further criminal offences), with liberty to the informant to take recourse if the undertaking is breached.

Issue for consideration

Whether the petitioner, who is apprehending arrest in connection with Darihat P.S. Case No. 32 of 2025 (offences under sections 85, 3(5) of the Bharatiya Nyay Sanhita and Section ¾ of the Dowry Prohibition Act), should be released on bail in the event of arrest.

Court's answer

Considering the positive development (failed mediation followed by reconciliation and undertakings recorded before the Court), the Court was inclined to extend relief to the petitioner, with the expectation that he abide by his undertaking, failing which the informant shall be free to take recourse against him.

Ratio / Principle

The petitioner was directed to be released on bail in the event of arrest or surrender within four weeks from receipt of the order, on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each, to the satisfaction of learned J.M. 1st Class, Sasaram, District Rohtas, subject to conditions: (i) one bailor to be a family member/relative providing official identity document (Aadhaar/Voter ID/Pan Card/Driving Licence) showing bona fide; (ii) appearance on every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of bail bond by the Trial Court; (iii) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; (iv) desistance from committing any criminal offence again, failing which the State may seek cancellation.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.) allowed pre-arrest relief to a petitioner apprehending arrest in Darihat P.S. Case No. 32 of 2025 (District Rohtas), arising from an FIR dated 25.04.2025 lodged by his wife/informant alleging dowry torture and ouster after a 2021 marriage, under sections 85, 3(5) of the Bharatiya Nyay Sanhita and Section ¾ of the Dowry Prohibition Act. Though a Co-ordinate Bench referral to the Mediation Center had failed (mediators' report dated 09.12.2025), good sense subsequently prevailed: counsel jointly submitted the couple, blessed with two children, wished to continue their marital journey; the petitioner undertook to keep his wife with full dignity and honour, to strive to repay the loan taken, and fixed reunion dates (visit 23.03.2026; taking her and the children home 24.03.2026). On this positive development, the Court ordered release on bail in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of like amount, to the satisfaction of the J.M. 1st Class, Sasaram, subject to conditions (bona fide family-member bailor with official ID; attendance on every Trial Court date with cancellation after two consecutive unexplained absences; no witness inducement/tampering; desistence from offences), and cautioned that breach of the undertaking would leave the informant free to take recourse against him.