Patna High Court
Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Mithilesh Kumar applied for anticipatory bail in a case registered under Sections 498A and 34 of the IPC, alleging cruelty and extortion against his sister-in-law Dilkhush Kumar. The prosecution alleged that the petitioner, along with others, attempted to force a relationship, demanded money and a motorcycle, and threatened violence. The petitioner contended that he lives separately, has no involvement in the day‑to‑day affairs of the informant, and possesses a clean antecedent. The State opposed the bail, but the court considered the facts, the petitioner’s lack of prior record, and the nature of the allegations. The court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including surety requirements and compliance directives. The order directs the petitioner to appear before the trial court and prohibits tampering with witnesses or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the allegations under Sections 498A and 34 IPC.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- IPC 498A
- cruelty
- murder
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3486 of 2026
Arising Out of PS. Case No.-206 Year-2024 Thana- BIHARIGANJ District- Madhepura
======================================================
Mithilesh Kumar S/O Sri Surendra Yadav R/O Village- Gorpar, Gamail, P.S-
Bihariganj, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Singh
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bihariganj P.S. Case No. 206 of 2024, F.I.R
dated 18.06.2024 registered for the offences punishable under
Sections 498A, 34 of the Indian Penal Code.
3. According to prosecution case, the informant
married Dilkhush Kumar on 24.02.2023 according to Hindu
rites. After some time, all accused persons, including the
petitioner, allegedly subjected her to cruelty and abuse. It is
alleged that the petitioner along with Surendra Yadav attempted
to establish physical relations with her. On her complaint to her
husband, the accused allegedly demanded an Apache
motorcycle and Rs. 5 lakh from her parental family and
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threatening to kill her if the demand was not fulfilled. Upon
expressing her father’s inability due to poverty, she was
allegedly assaulted and driven out of the matrimonial home. It is
further alleged that Dilkhush Kumar repeatedly attempted to kill
her and later threatened her father and others who came to
mediate.
4. Learned counsel for the petitioner submits that this
petitioner is the elder brother-in-law of the informant, and he is
living separately from the house where the informant and his
husband is residing. It has next been submitted that the Divorce
Case No. 13 of 2025 is also said to have been filed by the
informant and got dismissed. While this petitioner is living
separate house away from the house of the informant, and there
is no concern with the day-to-day affairs of the informant and
his husband. Counsel for the petitioner submits that the
petitioner will abide by any conditions which will be imposed in
case of the privilege of anticipatory bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and the petitioner has clean antecedent. Accordingly, this Court
is inclined to grant the privilege of anticipatory bail to the
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petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sub-Divisional Judicial Magistrate
Udakishunganj, District- Madhepura in connection with
Bihariganj P.S. Case No. 206 of 2024, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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