Patna High Court
Manoj Kumar @ Manoj PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3/4
- Indian Penal Code — s. 307, 323, 34, 341, 379, 494, 498A, 504, 506
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
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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.
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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
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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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