Patna High Court
Surendra Mahto @ Surendra Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
Surendra Mahto petitioned for anticipatory bail after a complaint was lodged against him under IPC sections 494, 498A and 34, and Section 4 of the Dowry Prohibition Act, alleging dowry harassment, cruelty and eviction of his wife, Sangeeta Devi. The petitioner had previously been ordered by the Family Court to pay maintenance of Rs.9,000 per month to his wife, which he failed to comply with. The High Court examined whether the petitioner was entitled to the privilege of anticipatory bail despite the pending criminal charges and his non‑compliance with the maintenance order. The Court held that the seriousness of the allegations and the petitioner’s disregard of the maintenance decree warranted denial of bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in a complaint case involving alleged dowry harassment, cruelty and eviction under IPC sections 494, 498A, 34 and Dowry Prohibition Act, Section 4.
Legislation cited
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 34, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- cruelty
- maintenance
- IPC
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26032 of 2025
Arising Out of PS. Case No.-103 Year-2023 Thana- COMPLAINT CASE - JHANJHARPUR
District- Madhubani
======================================================
Surendra Mahto @ Surendra Kumar Mahto son of Ram Singh Mahto village-
Narha, Ps- Manigachhi, Dist- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangeeta Devi Wife of Surendra Mahto village- Narha, Ps- Manigachhi,
Dist- Darbhanga At Present Daughter of Radhey Shyam Mahto, village-
Sukhair, Ps- Jhanjharpur, Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 03-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a complaint
case, punishable for the offence under Sections 494, 498A/34 of
the Indian Penal Code and Section 4 of the Dowry Prohibition
Act.
3. Petitioner is husband of the complainant/opposite
party no. 2 and it is alleged that he subjected complainant to
cruelty and harassment for dowry and lastly, ousted her from
matrimonial house.
4. From perusal of order dated 28.09.2024 passed in
M.R. Case No. 44 of 2023 by learned Principal Judge Family
Patna High Court CR. MISC. No.26032 of 2025(7) dt.03-02-2026
2/2
Court, Madhubani, which was filed on behalf of opposite party
no. 2, it appears that petitioner was directed to pay a sum of Rs.
9,000/- per month towards maintenance to opposite party no. 2
with effect from the presentation of said application i.e.
28.02.2023, but till date, petitioner has not complied said order
and did not pay a single penny to opposite party no. 2.
5. Under these circumstances, this Court is not
inclined to extend the privilege of anticipatory bail to petitioner
and accordingly, the prayer for anticipatory bail of petitioner is
rejected.
(Prabhat Kumar Singh, J)
anay
U T
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