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Patna High Court

Surendra Mahto @ Surendra Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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