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Patna High Court

Shailendra MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must be made available before the police and that the arrest must adhere to the Arnesh Kumar guidelines, leading to the disposal of the anticipatory bail application without granting bail.

Summary

Shailendra Mandal filed an anticipatory bail application fearing arrest in a complaint (No.111C/2021) alleging offences under IPC sections 498A, 323, 341, 379 and Dowry Prohibition Act sections 3 and 4. The wife, Priyanka Kumari, alleged dowry demand, pregnancy and non‑acceptance of the child, while both parties claimed the other had entered a second marriage, making reconciliation impossible. The High Court examined whether the arrest and detention complied with the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar and the subsequent directives in Md. Asfak Alam v. State of Jharkhand, which require strict adherence to Section 41 CrPC criteria for arrest in offences punishable up to seven years. Relying on these precedents and a Patna High Court memo, the Court directed the petitioner to make himself available before the police and applied the Arnesh Kumar safeguards. Consequently, the anticipatory bail application was disposed of without granting relief.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under IPC 498A, 323, 341, 379 and Dowry Prohibition Act 3/4.
  • Whether the police arrest and magistrate's detention complied with the Arnesh Kumar guidelines and related Supreme Court directives.
  • Whether the petitioner is entitled to relief given the matrimonial disputes and allegations of second marriage.

Legislation cited

Subjects

  • anticipatory bail
  • arrest procedure
  • Section 498A
  • dowry prohibition
  • Arnesh Kumar guidelines
  • police compliance
  • Criminal Procedure Code
  • marital dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.32752 of 2025

                 Arising Out of PS. Case No.-111 Year-2021 Thana- COMPLAINT CASE District- Lakhisarai
                 ======================================================
                 Shailendra Mandal, S/o Ramanand Mandal, Resident of Village- Dhemomen
                 Colony New Quarter Kharmbad, Ashansol, P.S.- Ashansol, District-
                 Barddhaman (West Bengal).


                                                                                    ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    Priyanka Kumari, D/o Abhimanyu Mahato, W/o Shailendra Mandal, R/o
                 Vill.- Mohaddinagar, P.S.- Halsi, Distt.- Lakhisarai.


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Baxi S.R.P. Sinha, Sr. Adv.
                                                  Mr. Mrigendra Pratap Singh, Adv.
                 For the O.P. No.        :        Mr. Om Prakash Maharaj, Adv.
                 For the State           :        Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


5   13-01-2026                    In pursuance of this Court’s order dated 12.12.2025,

                   the petitioner as well as the opposite party No. 2 are physically

                   present in Chambers with their respective lawyers.

                                  2. A supplementary affidavit has been filed by the

                   learned counsel for the petitioner in course of the day. Let the

                   same be taken on record.
Patna High Court CR. MISC. No.32752 of 2025(5) dt.13-01-2026
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                       3. Heard Mr. Baxi S.R.P. Sinha, the learned Senior

          Advocate for the petitioner and Mr. Om Prakash Maharaj, the

          learned counsel for the opposite party No. 2. The State has been

          represented by Mr. Nitya Nand Tiwary, the learned Addl. Public

          Prosecutor.

                       4. The petitioner is apprehending his arrest in

          connection with Complaint Case No. 111C of 2021 registered

          for the offence(s) under Section(s) 498(A), 323, 341 and 379 of

          the Indian Penal Code and Section 3/4 of the Dowry Prohibition

          Act.

                       5. This Court had called upon the petitioner and

          opposite party no. 2 to verify as to whether they were eager to

          settle their differences and lead a conjugal life again. However,

          both the petitioner and opposite party no. 2 showed their

          unwillingness to reside together and they had their own stories

          against each other. Both the petitioner as well as O.P. No. 2 have

          alleged that the other side has solemnized second marriage and,

          hence, it is not possible for them to stay together again.

                       6. The present case was lodged by opposite party no.

          2 alleging therein that her marriage was solemnized with the

          petitioner on 30.11.2019 and thereafter the petitioner started

          demanding a sum of one lakh rupees from the complainant as
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          dowry. It has been further alleged that the complainant became

          pregnant during the said period and was taken to her parental

          house, where she gave birth to a child. However, neither the

          petitioner nor his other family members came even to see the

          child despite having received information. From perusal of the

          FIR, it is evident that the offence alleged against the petitioner

          carries punishment of less than seven years.

                       7. Learned Additional Public Prosecutor for the State

          has submitted that the Hon’ble Supreme Court, in the case of

          Arnesh Kumar v. State of Bihar, AIR 2014 SC 2756, has laid

          down guidelines as to how the police and the learned Magistrate

          have to act in respect of offences which carry punishment up to

          seven years or less than seven years. The Hon’ble Supreme

          Court in Arnesh Kumar (supra) has held that before a

          Magistrate authorises detention under Section 167 Cr.P.C he has

          to be first satisfied that the arrest made is legal and in

          accordance with law and all the constitutional rights of the

          person arrested are satisfied.

                       8. It has been further submitted that the Hon’ble

          Supreme Court, in the case of Md. Asfak Alam vs. the State of

          Jharkhand and another, reported in (2023) 8 SCC 632, has

          directed all courts to strictly follow the law laid down in Arnesh
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          Kumar (supra) and has reiterated the directions in paragraph

          no. 16.1 contained therein as well as other directions which are

          as follows:-

                                               16.1 “11. Our endeavour in this

                                  judgment is to ensure that police officers do

                                  not arrest the accused unnecessarily and

                                  Magistrates do not authorise detention

                                  casually and mechanically. In order to

                                  ensure what we have observed above, we

                                  give the following directions:

                                               11.1. All the State Governments to

                                  instruct         its     police     officers      not    to

                                  automatically arrest when a case under

                                  Section 498-AIPC is registered but to satisfy

                                  themselves about the necessity for arrest

                                  under the parameters laid down above

                                  flowing from Section 41CrPC;

                                               11.2.        All     police      officers   be

                                  provided          with     a      checklist     containing

                                  specified sub-clauses under Section 41(1)(b)

                                  (ii);

                                               11.3. The police officer shall
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                                  forward the checklist duly filled and furnish

                                  the reasons and materials which necessitated

                                  the arrest, while forwarding/producing the

                                  accused before the Magistrate for further

                                  detention;

                                               11.4.      The   Magistrate   while

                                  authorising detention of the accused shall

                                  peruse the report furnished by the police

                                  officer in terms aforesaid and only after

                                  recording its satisfaction, the Magistrate will

                                  authorise detention;

                                               11.5. The decision not to arrest an

                                  accused, be forwarded to the Magistrate

                                  within two weeks from the date of the

                                  institution of the case with a copy to the

                                  Magistrate which may be extended by the

                                  Superintendent of Police of the district for

                                  the reasons to be recorded in writing;

                                               11.6. Notice of appearance in

                                  terms of Section 41-A CrPC be served on the

                                  accused within two weeks from the date of

                                  institution of the case, which may be
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                                  extended by the Superintendent of Police of

                                  the district for the reasons to be recorded in

                                  writing;

                                               11.7. Failure to comply with the

                                  directions      aforesaid    shall     apart   from

                                  rendering the police officers concerned liable

                                  for departmental action, they shall also be

                                  liable to be punished for contempt of court to

                                  be instituted before the High Court having

                                  territorial jurisdiction.

                                               11.8.       Authorising      detention

                                  without recording reasons as aforesaid by the

                                  Judicial Magistrate concerned shall be liable

                                  for departmental action by the appropriate

                                  High Court.

                                               12. We hasten to add that the

                                  directions aforesaid shall not only apply to

                                  the cases under Section 498-A IPC or Sec. 4

                                  of the Dowry Prohibition Act, the case in

                                  hand, but also such cases where offence is

                                  punishable with imprisonment for a term

                                  which may be less than seven years or which
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                                  may extend to seven years, whether with or

                                  without fine.”

                                               16.2.(II) The High Court shall

                                  frame the above directions in the form of

                                  notifications and guidelines to be followed

                                  by the Sessions Courts and all other and

                                  criminal        courts       dealing    with   various

                                  offences.

                                               16.3.(III) Likewise, the Director

                                  General of Police in all States shall ensure

                                  that strict instructions in terms of the above

                                  directions are issued. Both the High Courts

                                  and the DGPs of all States shall ensure that

                                  such                     guidelines                and

                                  Directives/Departmental                Circulars   are

                                  issued for guidance of all lower courts and

                                  police authorities in each State within eight

                                  weeks from today.

                                               16.4.(IV) Affidavits of compliance

                                  shall be filed before this Court within ten

                                  weeks by all the States and High Courts,

                                  through their Registrars.
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                                   9. Learned APP further points out that the Hon’ble

                      Patna High Court, in compliance of the order passed in Md.

                      Ashfaq Alam (supra), has issued Memo No. 62973 dated

                      19.09.2023, directing that all courts under the territorial

                      jurisdiction of the Hon’ble Patna High Court shall be required to

                      follow the law laid down in Arnesh Kumar (supra).

                                   10. In view of the above, the petitioner is directed to

                      make himself available before the police and he shall be

                      extended the benefit of the directions as laid down in the case of

                      Arnesh Kumar (supra) as well as in terms of Memo No. 62973

                      dated 19.09.2023 issued by the Hon’ble Patna High Court under

                      the signature of the learned Registrar General.

                                   11. With the aforesaid directions, the present

                      anticipatory bail application is disposed of.



                                               (Sourendra Pandey, J)
Praveen-II/-
aditya/-

U       T


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