Patna High Court
RAVI SHANKAR MAHTO @ RAVI SHANKAR KUMAR @ RAVI SHANKARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court held that, given the parties' willingness to live together peacefully, the petitioner is entitled to provisional anticipatory bail for three months subject to a bond, sureties and compliance with Section 482(2) of the CrPC.
Summary
Ravi Shankar Mahto, the husband, sought protection from arrest in a dowry harassment case (Complaint No. 423 of 2024) filed under IPC sections 498A, 323, 341, 504 and Section 3 of the Dowry Prohibition Act. He claimed he would keep his wife, Prity Kumari, with care and dignity, while the wife expressed willingness to live with him provided she is not tortured. Considering the mutual willingness of both parties to cohabit peacefully, the High Court granted the petitioner provisional anticipatory bail for three months. The bail is conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the CrPC. The court directed that if the couple continues to live together and files a joint affidavit, the lower court may confirm the bail after three months.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under Sections 498A, 323, 341, 504 IPC and the Dowry Prohibition Act.
- Whether the mutual willingness of husband and wife to cohabit peacefully justifies the grant of bail.
- What conditions may be imposed under Section 482(2) of the CrPC while granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- CrPC
- marital dispute
- section 498A
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38428 of 2025
Arising Out of PS. Case No.-423 Year-2024 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
RAVI SHANKAR MAHTO @ RAVI SHANKAR KUMAR @ RAVI
SHANKAR Son of LATE BAHADUR MAHTO RESIDENT OF INDIAN
OIL NEAR GATE NO 1, SIPARA, PS BEUR, DISTRICT PATNA
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prity Kumari Wife of Ravi Shankar Mahto @Ravi Shankar Kumar @ Ravi
Shankar , D/o Bhushan Mahto R/o of Thanakdobh, P.S Ghoshwari, Distt.
Patna. Present R/o Bahadurpur, P.S Bahadurpur, Distt. Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyam Kumar Chaudhary
For the Opposite Party/s : Mrs.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 20-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 423 of 2024 dated 03.05.2024 registered
under Section 498(A), 323, 341, 504 of the I.P.C. and Section ¾
of the Dowry Prohibition Act.
3. The petitioner is the husband. His marriage was
solemnized with the opposite party no. 2 in the year 2022. The
allegation against the petitioner is of attributing mental as well
as physical torture to the complainant-opposite party no. 2 for
want of dowry.
Patna High Court CR. MISC. No.38428 of 2025(4) dt.20-02-2026
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4. Learned counsel for the petitioner submits that petitioner is
ready to keep his wife i.e. opposite party no. 2 with care, honour
and dignity in her matrimonal home.
5. Learned counsel for the opposite party no. 2 submits that
opposite party no. 2 is ready and willing to live along with
petitioner in her matrimonial home subject to condition that she
will not be tortured by the petitioner.
6. Considering the submissions made by the parties and the
fact that both husband and wife are willing to live together, I am
inclined to grant provisional anticipatory bail to the petitioner
for three months.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of court
of Md. Sohail, JMFC, Patna City, Patna in connection with
Complaint Case No. 423 / 2024 subject to the condition as laid
down under Section 482 (2) of the B.N.S.S.
8. If both husband and wife continues to live together
peacefully and files a joint affidavit before the learned court of
Md. Sohail, JMFC, Patna City, Patna, the concerned court below
Patna High Court CR. MISC. No.38428 of 2025(4) dt.20-02-2026
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is permitted to confirm the provisional anticipatory bail granted
by this court after three months.
(Anil Kumar Sinha, J)
praful/-
U T
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