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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with specific conditions relating to maintenance payments and compliance with Section 482(2).

Summary

The High Court of Patna considered an anticipatory bail application filed by Manish Kumar, who was accused under Section 498A of the Indian Penal Code for alleged dowry harassment. The prosecution alleged that the complainant, Shabnam Kumari, was subjected to cruelty and torture for non‑payment of dowry after their marriage in 2023. The petitioner denied the allegations and offered to pay a monthly maintenance of Rs. 3,000 to the complainant, subject to any future matrimonial orders. The court noted that mediation had failed and, based on the petitioner's undertaking, allowed the anticipatory bail with a bond of Rs. 10,000 and two sureties. Conditions were imposed, including deposit of the maintenance amount into the complainant’s savings account and cancellation of bail if two consecutive payments are missed, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted in a 498A dowry harassment case where the accused offers maintenance to the complainant.
  • Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate for securing the complainant’s interests.
  • Whether failure to pay the stipulated maintenance amount can justify cancellation of the bail bond.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498A
  • maintenance
  • mediation failure
  • bail conditions
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39431 of 2025
                  Arising Out of PS. Case No.-322 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Manish Kumar Son of Manoj Prasad Resident of Village - Kamruddinganj
                 MG Road , PS Laheri, Distt.- Nalanda

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Shabnam Kumari Wife of Manish Kumar, D/o Mohan Ram R/o Mohalla-
                 Gharauni Tola Mokama, P.S Mokama, Distt. - Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :      Md. Ataur Rahman, A.P.P.
                 For the Informant        :      Mr. Niranjan Prasad Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   08-01-2026                   Earlier, vide order dated 21.08.2025, the matter was

                   referred to the Mediation and Conciliation Centre, Patna High

                   Court, Patna, but as per the Mediator’s Report (flag ‘M’), the

                   mediation has failed.

                                2. Heard learned counsel for the parties.

                                3. The petitioner apprehends arrest in a case registered

                   for the offence punishable under Section 498A of the Indian

                   Penal Code.

                                4. As per prosecution case, marriage of complainant

                   was solemnized with this petitioner in the year 2023. Thereafter,

                   it is alleged that complainant was subjected to torture and

                   cruelty due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.39431 of 2025(4) dt.08-01-2026
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                       5. Learned counsel for the petitioner, while denying

          the allegations levelled against him, submits that petitioner, who

          is husband of the complainant, is ready to keep her with honour

          and safety. Besides this, petitioner is ready to give Rs. 3000/-per

          month to the complainant by way of temporary relief/solace,

          starting from this month, subject to any order passed in

          matrimonial, maintenance or connected proceedings.

                       6. In view of the aforesaid undertaking of learned

          counsel for the petitioner that petitioner is ready to give Rs.

          3000/- per month to the complainant by way of temporary

          relief/solace, starting from this month, this anticipatory bail

          application is allowed.

                       7. Let the above-named petitioner, in the event of

          arrest/surrender within a period of eight weeks from today, be

          enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of Judicial Magistrate, 1st Class, Barh, Patna in

          connection with Complaint Case No. 322 (c) of 2024, subject to

          the conditions laid down under Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita as well as on the following

          conditions:-

                       ‘(1) Complainant would file an affidavit before the
              Patna High Court CR. MISC. No.39431 of 2025(4) dt.08-01-2026
                                                          3/3




                        court below and bring on record her savings bank account

                        number for its communication to the petitioner.

                                     (2)    Petitioner       would       deposit   the   aforesaid

                        maintenance amount per month in the savings bank account of

                        the complainant.

                                     (3) In case, the petitioner fails to deposit the

                        maintenance amount for two consecutive months, the court

                        below would be at liberty to cancel the bail-bond.

                                     (4) The aforementioned payment will be subject to

                        any order passed in matrimonial, maintenance or connected

                        proceedings. The present order, in no way, will preclude the

                        parties to resolve the issue otherwise.’



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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