Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner, subject to bond, sureties, and verification of antecedents.
Summary
Manish Kumar was charged under Sections 115(2), 126(2), 85, 3(5) of the Bihar Negotiable Statutes and Section ¾ of the Dowry Prohibition Act for allegedly torturing an informant over dowry demands. He applied for pre‑arrest bail, arguing that mediation with the complainant (Rani Kumari) had failed and that her settlement demand was beyond his financial capacity. The State opposed the bail. The Court observed that the dispute was essentially matrimonial and private, not a societal offence, and that the settlement demand was unreasonable. Accordingly, the Court granted pre‑arrest bail on a bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents and possible referral to mediation. The order also directed the district court to refer the matter to a mediator under the “Mediation for the Nation 2.0” scheme.
Issues considered
- Whether a pre‑arrest bail should be granted in a dowry‑harassment case where the dispute is matrimonial and private
- Whether the settlement demand by the complainant affects the bail consideration
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 3(5), 85
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. ¾
Subjects
- pre‑arrest bail
- dowry harassment
- matrimonial dispute
- mediation
- Section 482
- Bihar Negotiable Statutes
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13449 of 2026
Arising Out of PS. Case No.-120 Year-2024 Thana- MAHILA P.S. District- Patna
======================================================
Manish Kumar S/o Om Prakash Singh @ Brahmdeo Rai R/o Mohalla- Dujra
Devi Asthan, PS- Buddha Colony, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rani Kumari D/o Surendra Mahto, W/o Manish Kumar R/o Mohalla -
Bikhna Pahadi, Chai Tola, Kuan Gali, P.S.- Kadam Kuan, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Bhardwaj, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-02-2026 Heard Mr. Ravi Bhardwaj, learned counsel
appearing on behalf of the petitioner and Mr. Shailendra Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Patna Mahila P.S. Case No. 120/2024 registered for the
offence(s) punishable under Sections 115(2), 126(2), 85, 3(5) of
BNS and Section ¾ of D.P. Act.
3. Allegation is of subjecting the informant to various
sorts of torture due to non-fulfillment of demand of dowry.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner has renewed the prayer for
pre-arrest bail under the circumstances that in light of order
Patna High Court CR. MISC. No.13449 of 2026(2) dt.25-02-2026
2/3
dated 11.09.2025 passed in Cr. Misc. No.34362 of 2025, the
mediation between the petitioner and O.P. No.2 has failed.
Learned counsel has also produced the report of the mediation
dated 05.01.2026 before this Court for its perusal and submitted
that the demand raised by the O.P. No.2 for one time settlement
is out of the capacity of the petitioner.
5. Per contra, learned APP for the State vehemently
opposed the prayer for grant of pre-arrest bail.
6. I find that under the circumstances both the parties
now want to separate and the demand which the O.P. No.2 has
raised before the petitioner is out of capacity of the petitioner, as
has been informed in the open Court by Mr. Ravi Bhardwaj,
learned counsel appearing on behalf of the petitioner, and
considering the fact that matrimonial dispute is a private conflict
between spouses and does not inherently constitute an offence
against society, the petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned JMFC, Patna / Concerned Court in
connection with Patna Mahila P.S. Case No. 120/2024, subject
Patna High Court CR. MISC. No.13449 of 2026(2) dt.25-02-2026
3/3
to the conditions as laid down under Section 482(2) of the
BNSS.
7. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
8. Considering the nature of dispute between the
parties, I find that the same can well be resolved between them
amicably outside the Court. The learned District Court may
proceed to give effect to “Mediation for the Nation 2.0” by
referring the matter before learned Mediator.
9. Let a copy of this order be communicated to the
Member Secretary, Bihar State Legal Services Authority and the
Patna High Court Mediation Centre, for the purpose of record.
(Purnendu Singh, J)
Sanjay/-
U T
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