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Patna High Court

Manoj Kumar @ Manoj PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions prescribed under Section 438(2) of the Criminal Procedure Code.

Summary

Manoj Kumar (Manoj Prasad) was arrested in connection with a complaint alleging multiple offences under the IPC and the Dowry Prohibition Act, including dowry harassment and criminal intimidation. His wife, Samjeera Devi, claimed she was thrown out of the house, faced dowry demands, and that the petitioner had entered a second marriage. The parties attempted mediation, which failed, and the petitioner sought anticipatory bail, offering to pay a monthly maintenance of Rs. 6,000 to his wife and children. The State opposed the bail, citing the seriousness of the charges and the alleged second marriage. The Court, noting the petitioner’s lack of prior criminal record and his willingness to provide maintenance, granted anticipatory bail subject to strict conditions, including payment of bail, sureties, regular court appearances, and non‑interference with witnesses. The order also allowed the wife to seek cancellation of the bail bond if the petitioner failed to make the stipulated payments.

Issues considered

  • Whether anticipatory bail can be granted in a case involving multiple serious IPC offences and a dowry harassment allegation
  • Whether the petitioner’s offer of maintenance and lack of prior criminal record justify the grant of anticipatory bail
  • What conditions may be imposed on anticipatory bail under Section 438(2) of the Cr.P.C.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • maintenance
  • mediation failure
  • Section 438 Cr.P.C.
  • IPC offences
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46490 of 2025
                    Arising Out of PS. Case No.-424 Year-2022 Thana- NALANDA COMPLAINT CASE
                                                     District- Nalanda
                 ======================================================
                 Manoj Kumar @ Manoj Prasad Son of Late Siya Sharan Prasad Resident of
                 Village - Sukarbeg Chak, P.S. - Khushrupur, District - Patna

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Samjeera Devi Wife of Manoj Kumar @ Manoj Prasad Village- Bhat
                 Bigaha, ps- Hilsa, Dist- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Bijay Prakash Singh, Adv.
                 For the Opposite Party/s :    Mr. Jharkhandi Upadhyay, APP
                 For the informant        :    Mr. Tej Narayan Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   21-01-2026                    Heard Mr. Bijay Prakash Singh, learned counsel for

                   the petitioner, Mr. Tej Narayan Singh for the opposite party no.

                   2 duly assisted by Ms. Minu Kumari and learned APP.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 424 ‘C’ of 2024 for the offence

                   registered under sections 341, 323, 504, 506, 307, 379, 498(A),

                   494, 34 of the IPC and Section ¾ of the DP Act.

                                3. The lady who is wife of the petitioner complained

                   that the marriage took place in the year 2016, the couple is

                   blessed with two children but was always tortured for dowry

                   and on 15.07.2022, she was thrown out of the house and it has

                   further been alleged that he has solemnized second marriage
Patna High Court CR. MISC. No.46490 of 2025(4) dt.21-01-2026
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          with one Poonam Devi. This followed the present case.

                       4. Earlier, notices were issued and the Co-ordinate

          Bench sent the matter to the Mediation Center but as per the

          report dated 10.11.2025, it failed.

                       5. Learned Counsel for the petitioner submits that he

          wanted to keep his wife and children with full dignity and

          honor, the same could not materialize, since they are living

          separately, he would like to economically support them by

          paying Rs. 4,000/- to the lady and Rs. 1,000/- each to the two

          children (totaling Rs. 6,000/-) which shall be paid to her by

          tenth of every month and failure to do so, the lady shall be free

          to take steps for cancellation of his bail bond, if relief is granted.

                       6. Learned APP for the opposite party no. 2, on the

          other hand, opposes the prayer for anticipatory bail submitting

          that he has solemnized second marriage without even thinking

          about the two children. However, since he has promised to pay

          Rs. 6,000/- per month, for the present, she is desisting from

          vehemently opposing the prayer reserving her right to take

          appropriate steps later.

                       7. Considering the submissions of the parties and in

          view of the fact that the mediation has failed, this petitioner do

          not have criminal antecedent, is ready to pay the aforesaid Rs.
Patna High Court CR. MISC. No.46490 of 2025(4) dt.21-01-2026
                                            3/4




          6,000/- amount to the family, in that background, this Court is

          inclined to grant him the anticipatory bail with conditions.

                       8. However, if the petitioner fails to make the

          payment by tenth of any month, the lady shall be free to take

          immediate steps for cancellation of his bail bond.

                       9. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Sub Divisional

          Judicial Magistrate, Hilsa, Nalanda in connection with

          Complaint Case No. 424 ‘C’ of 2024 subject to condition as

          laid down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioner 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 bail

          bond by the Trial court itself;

                       (iii) the petitioner shall in no way try to induce or
           Patna High Court CR. MISC. No.46490 of 2025(4) dt.21-01-2026
                                                       4/4




                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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