Patna High Court
Rakesh Kumar Mandal @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner, subject to a cash bond, sureties, and conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Rakesh Kumar Mandal, was arrested in a complaint (No. 1953 of 2024) alleging offences under Section 498A of the IPC for dowry harassment. He applied for bail, asserting that he had taken a dowry at marriage but had not continued to demand it, and that his wife refused to consummate the marriage, as evidenced by a mediator's report. The petitioner also filed a restitution of conjugal life suit under Section 9 of the Hindu Marriage Act, claiming his willingness to treat his wife with honour. The State and the complainant opposed bail, contending that the petitioner had tortured the wife. The court, after considering the submissions, found the petitioner to be bona fide and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and the requirement that one bailor be a close relative.
Issues considered
- Whether bail should be granted to the accused in a case under Section 498A of the IPC.
- Whether the petitioner’s conduct amounts to prima facie evidence of dowry harassment warranting continued detention.
- Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita apply to the bail order.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Hindu Marriage Act — s. 9
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- Section 498A
- bail
- marital dispute
- Hindu Marriage Act
- domestic violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16625 of 2026
Arising Out of PS. Case No.-1953 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Rakesh Kumar Mandal @ Rakesh Kumar, son of Manoj Mandal, Resident of
Village- Mahamadiya, Ward No 13, P.S.- Hasanganj, Dist -Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Neha Kumari, Wife of Rakesh Kumar, Resident of Village- Rahikpur, Ward
no. 01, P.S.- R.S., Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the State : Mr. Nirmal Kumar Sinha, APP
For the Opp. Party No.2 : Mr. Kundan Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 24-06-2026 Heard Mr. Ramesh Kumar Singh, learned Advocate
for the petitioner and the learned APP for the State. The opposite
party no.2 is represented through Mr. Kundan Kumar Singh,
learned Advocate.
2. The petitioner happens to be the husband of
opposite party no.2 is apprehending his arrest in connection with
Complaint Case No. 1953 of 2024 wherein cognizance has been
taken for the offences punishable under Sections 498-A of the
Indian Penal Code.
3. The marriage of the petitioner was solemnized with
opposite party no.2 in the year 2023 and at the time of marriage,
a substantive amount was taken in dowry, besides the other
Patna High Court CR. MISC. No.16625 of 2026(3) dt.24-06-2026
2/3
articles. Notwithstanding with the aforesaid fact, the accused
persons, including the petitioner, kept on demanding dowry and
failure to satisfy the demand, the complainant was subjected to
torture in various ways.
4. Learned Advocate for the petitioner submitted that
the petitioner has always been ready to keep his wife with full
honour and dignity, but it was the complainant, who was not
ready to consumate her conjugal life, as is evident from the
report of the Mediator. The bona fide of the petitioner is also
writ large, as the petitioner has filed a matrimonial case for
restitution of conjugal life under Section 9 of the Hindu
Marriage Act, but it is the complainant, who refused to
discharge the marital obligation.
5. On the other hand, learned APP for the State and
the opposite party no.2 opposed the bail application and submit
that because of the torture being given by the petitioner, the
complainant has been facing difficulty to reside with him.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the fact the cognizance has been taken only under Section
498A of the Indian Penal Code and the petitioner has shown his
bona fide and is ready to keep his wife with all honour and
Patna High Court CR. MISC. No.16625 of 2026(3) dt.24-06-2026
3/3
dignity, but the complainant has not accepted his request, let the
petitioner, named above, in the event of his arrest or surrender
before the court below within four weeks from the date of
receipt/production of a copy of this order, be released on bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Sub-Divisional Judicial Magistrate, Araria in connection
with Complaint Case No. 1953 of 2024, subject to the condition
as laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J)
uday/-
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