Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Mithlesh Kumar, married to Riya Kumari, faced a complaint (Case No. 1669/2017) alleging offences under IPC sections 323, 307, 498A and Section 3 of the Dowry Prohibition Act, claiming dowry demands and cruelty. The petitioner sought anticipatory bail, asserting innocence and that he has been trying to settle the matter since 2017, while the complainant failed to appear despite notices. The court noted the marital discord, that the offences are triable by a magistrate, and that there was no likelihood of the petitioner absconding. Considering these factors, the court granted anticipatory bail on the condition of a bail bond of Rs. 10,000 with two sureties and subject to Section 482(2) of the B.N.S.S. 2023. The order directs release upon arrest or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of non‑appearance of the complainant and alleged offences.
- Whether the nature of the offences (triable by a magistrate) and lack of flight risk justify bail.
- Whether conditions under Section 482(2) of the B.N.S.S. 2023 can be imposed on anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 307, 323, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- marital discord
- non‑appearance
- magistrate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63814 of 2025
Arising Out of PS. Case No.-1669 Year-2017 Thana- BHOJPUR COMPLAINT CASE Dis-
trict- Bhojpur
======================================================
Mithlesh Kumar S/o Dashrath Prasad @ Dashrath Singh @ Dashrath Kumar
Resident of Village- Surangapur, P.S.- Sandesh, District- Bhojpur, at present
R/o Mohalla - Tuglakabad (Infront of Ratan Hard ware), P.S. - Govindpur,
Distt.- Delhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Riya Kumari W/o Mithalesh Kumar, D/o Shyam Bihari Prasad At present
R/o Mohalla - K.G. Road, P.s.- Ara Nawada, Distt.- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Ranjan Pd. Singh
For the Opposite Party/state : Mr.Damodar Prasad Tiwary
For the complainant-OP No. 2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 1669 / 2017 dated 17.10.2017 registered
under Section 323, 307, 498(A) of the I.P.C. and Section ¾ of
the Dowry Prohibition Act.
3. As per the complaint the marriage of the complainant was
solemnized with the petitioner on 25.07.2017 and it is alleged
that the very next day after marriage the accused persons includ-
ing the husband started demanding motorcycle and golden chain
as dowry and due to non fulfillment of the demand they meted
out cruelty to the complainant.
Patna High Court CR. MISC. No.63814 of 2025(5) dt.23-02-2026
2/3
4. Learned counsel for the petitioner submits that petitioner is
innocent and has committed no offence in the manner alleged.
The petitioner is trying to settle the matter since 2017 but the
family member of opposite party no. 2 is not ready to settle the
dispute. The petitioner is residing at Delhi since the outbreak of
COVID pandemic as such he could not make any pairvi in this
case. The petitioner is ready to keep his wife with love, care and
dignity. There is no specific allegation against the petitioner.
Notice to the complainant was sent twice but she failed to
appear before the court below.
5. Despite issuance of notice by this Court vide order dated
15.09.2025, no one appeared on behalf of complainant/opposite
party no. 2. On last date also i.e. on 17.01.2026 none was
present on behalf of the opposite party no. 2.
6. Regard being had to the submission made by the parties,
taking into consideration the fact that there is marital discord
between the complainant and the petitioner, offence is triable by
Magistrate and there is no likelihood that the petitioner will
abscond, accordingly, I am inclined to grant anticipatory bail to
the petitioner.
7. Let the petitioner, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court
Patna High Court CR. MISC. No.63814 of 2025(5) dt.23-02-2026
3/3
below within a period of four weeks from today on furnishing
bail bond of Rs. 10,000/- (rupees ten thousand) with two
sureties of the like amount each to the satisfaction of S.D.J.M.,
Bhojpur at Ara in connection with Complaint Case No. 1669 of
2017 subject to the condition as laid down under Section 482 (2)
of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
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