Patna High Court
Kundan Mahato @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Kundan Mahato, a 22‑year‑old student and brother‑in‑law of the alleged victim, sought anticipatory bail in connection with a case registered under Sections 103(1), 238 and 3(5) of the Bhartiya Nayay Sanhita, 2023, relating to alleged dowry‑related harassment. The prosecution alleged that the victim’s daughter was tortured for dowry and subsequently fled, leading to the FIR. The petitioner contended that he had no role in the alleged offence, had no criminal antecedent, and that other family members had already been granted relief. The State opposed the bail, arguing that the petitioner was part of the family and could not escape liability. Considering the petitioner’s clean record, his status as a student, and the relief already granted to relatives, the Court exercised its power under Section 438(2) of the Cr.P.C. to grant anticipatory bail with specific conditions, including a bail bond and sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. despite the allegations under the Bhartiya Nayay Sanhita, 2023.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 103(1), 238, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- Criminal Procedure Code
- Bhartiya Nayay Sanhita
- Section 438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12120 of 2026
Arising Out of PS. Case No.-504 Year-2024 Thana- SUGAULI District- East Champaran
======================================================
Kundan Mahato @ Kundan Kumar Son of Laxman Mahato Resident of
Village- Gopalpur, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tuhin Shankar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 26-02-2026 Heard Mr.Tuhin Shankar, learned counsel for the
petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Sugauli P.S. Case No. 504 of 2024 instituted under
Sections 103(1), 238, 3(5) of the Bhartiya Nayay Sanhita, 2023
lodged on 15.11.2024 by the informant, Sunaina Devi.
3. As per the prosecution story, the informant alleged
that her daughter was married to Dharmendra Mahto but she
was always tortured for dowry and on the fateful day, she made
a call to son-in-law but was switched off. When he went to the
house, the daughter was not present. On query, she was
informed that she has fled away. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is
brother-in-law (Dewar), a student only 22 years age and was
living separately from the couple and has no role to play in the
alleged act of the husband. The petitioner do not have criminal
Patna High Court CR. MISC. No.12120 of 2026(2) dt.26-02-2026
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antecedent and with the help of Annexure-P/2 his submission is
that mother-in-law and father-in-law as also one of the brother
of the petitioner have been extended relief by a coordinate
bench on 08.01.2026. The submission is that to his knowledge,
the husband is in custody.
5. Learned APP opposes the prayer submitting that he
being the part and parcel of the family cannot escape the
allegation made therein.
6. Considering the submissions of the parties as also
the petitioner is brother-in-law (Dewar), as recorded above, he is
a student having no criminal antecedent, others family members
have been extended relief, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Sugauli P.S. Case No.
504 of 2024 to the satisfaction of learned Judicial Magistrate-
1st Class, East Champaran subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
Patna High Court CR. MISC. No.12120 of 2026(2) dt.26-02-2026
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(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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