Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 498A
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
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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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