Patna High Court
Manjay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and compliance with the settlement terms.
Summary
Manjay Kumar sought anticipatory bail in a criminal case involving alleged dowry harassment, assault, and other offences under IPC sections 323, 498A, 494, 406 and the Dowry Prohibition Act. The court had taken cognizance only of the 498A charge. The parties reached a settlement, agreeing to a mutual divorce and a settlement payment, and both the complainant and the State expressed no objection to bail. Relying on the compromise and a mediator’s report, the High Court granted anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also allowed the prosecution to seek cancellation of bail if the settlement is not honoured.
Issues considered
- Whether anticipatory bail can be granted in a dowry‑related offence when the parties have settled the dispute
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita authorises the grant of anticipatory bail in such circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 406, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- settlement
- mutual divorce
- IPC
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20100 of 2026
Arising Out of PS. Case No.-360 Year-2023 Thana- COMPLAINT CASE -
DALSINGHSARAI District- Samastipur
======================================================
Manjay Kumar S/o Ram Raji Rai @ Ram Rajee Ray R/o vill - Mahishi, Ps-
Bibhutipur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Reena Kumari W/o Manjay Kumar R/o vill - Mahishi, P.S.- Bibhutipur,
Distt.- Samastipur, Presently D/o Dinesh Rai, R/o Gadhsisai, Tola- Bhajan
Gama, P.S.- Vidyapati Nagar, Distt.- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 323, 498(A), 494, 406 of the Indian
Penal Code and Section 3/4 of the Dowry Prohibition Act but
the Court concerned took cognizance under Section 498(A) of
the Indian Penal Code.
3. It is alleged that husband of the complainant
(petitioner) and her in-laws assaulted the complainant for non-
fulfillment of dowry demand. It is also alleged that petitioner
solemnized his second marriage with one Laxmi Kumari and on
protest, the accused persons ousted the complainant along with
Patna High Court CR. MISC. No.20100 of 2026(3) dt.08-07-2026
2/3
her daughter from matrimonial house.
4. Learned counsel for the parties submit that they
have compromised the matter and as per the compromise, both
the parties have agreed to file mutual divorce petition within
two months from the date of agreement. Petitioner is agreed to
pay the settlement amount in terms of Para-2 of Memorandum
of Agreement.
5. Learned counsel for the petitioner submits that
petitioner is ready to comply with the said terms.
6. Learned counsel for the O.P. No. 2/complainant
conceded the fact that compromise has taken place between the
parties and he has no objection if the anticipatory bail is granted
to the petitioner.
7. Learned A.P.P. for the State submits that since
both the parties have made the settlement, he has no objection if
the anticipatory bail is granted to the petitioner.
8. Having heard the learned counsel for the parties
and considering the fact that both the parties have reached
settlement mutually and with regard to the report of the
Mediator, which is on record, let the above named petitioner be
released on bail, in the event of arrest or surrender before the
learned court below within a period of six weeks from today, on
Patna High Court CR. MISC. No.20100 of 2026(3) dt.08-07-2026
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furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-II, Dalsingsarai,
Samastipur in connection with C.R. No. 360 of 2023, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
9. In case of non-compliance of the agreement
between the parties, O.P. No. 2/prosecution is at liberty to file
the cancellation petition before the learned Trial Court and
learned Trial Court will pass the appropriate order.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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