Patna High Court
Mithilesh Kumar @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Mithilesh Kumar, sought relief from arrest in a dowry harassment case (sections 85, 3(5) of the Bharatiya Nyay Sanhita and section ¾ of the Dowry Prohibition Act) filed by his wife, Manisha Kumari. The prosecution alleged that the petitioner tortured his wife for dowry and evicted her, leading to the FIR. An earlier attempt at mediation failed, but the parties later submitted a joint undertaking to continue their marital life, with the petitioner promising to treat his wife with dignity and repay a loan. Considering this positive development, the court decided to grant bail, subject to a bond of Rs.10,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and abstaining from further offences. The order directs that the petitioner be released on bail if arrested or surrendered within four weeks, failing which the informant may take further action.
Issues considered
- Whether bail can be granted to the accused in a dowry harassment case under sections 85, 3(5) of the Bharatiya Nyay Sanhita and section ¾ of the Dowry Prohibition Act.
- Whether the parties' joint undertaking to resume marital life and repay a loan can be considered a sufficient ground for bail.
Legislation cited
- Bharatiya Nyay Sanhita — s. 3(5), 85
- Dowry Prohibition Act — s. ¾
Subjects
- dowry harassment
- bail
- mediation
- family law
- criminal procedure
- Bharatiya Nyay Sanhita
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63643 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- DARIHAT District- Rohtas
======================================================
Mithilesh Kumar @ Mithlesh Kumar Son of Moti Prasad @ Moti Sah
Resident of Village- Bharkunria PS- Darihat District -Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manisha Kumari Wife of Mithilesh Kumar @ Mithlesh Kumar Resident of
Village- Tilai, Po and Ps- Sanjhauli, Dist- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Sharma, Adv
: Mr.Alok Anand, Adv
: Mr.S.M.Sudhanshu, Adv
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 19-03-2026 Heard Mr. Siddharth has duly assisted by Ms.
Nandani Kumari and Mr. Rakesh Kumar Sharma for the
informant beside the state.
2. The petitioner is apprehending his arrest in
connection with Darihat P.S. Case No. 32 of 2025 for the
offence under sections 85, 3(5) of the Bharatiya Nyay
Sanhita and Section ¾ of the Dowry Prohibition Act lodged
on 25.04.2025 by the informant, Manisha Kumari.
3. As per the prosecution story, the informant alleged
that she got married to the petitioner in 2021 but was tortured
for dowry and finally was ousted which led to the FIR.
Patna High Court CR. MISC. No.63643 of 2025(5) dt.19-03-2026
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4. In this case the Co-ordinate Bench send the matter
to the Mediation Center according to mediators report dated
09.12.2025 it failed.
5. However, it seems good sense prevailed upon the
parties and both learned counsel for the petitioner and learned
counsel for the informant joint submit that they want to continue
there marital journey as the couple is blessed with two children.
Further, learned counsel for the petitioner instruction undertakes
to keep the lady with full dignity and honor and shall also try his
level best to ensure that the loan that has been taken is repaid.
The husband will be visiting the lady’s house on 23.03.2026 and
will be taking her along with children to his home on
24.03.2026.
6. Considering the following positive development
that has taken place and recorded above, this court is inclined to
extend relief to the petitioner with the hope that he will abide by
the undertaking given before this court failing which the
informant shall be free to take recourse against him.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.63643 of 2025(5) dt.19-03-2026
3/3
satisfaction of learned J.M. 1st Class, Sasaram District Rohtas in
connection with Darihat P.S. Case No. 32 of 2025 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her 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
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 his bail bonds.
(Rajiv Roy, J)
niku/-
U T
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