Patna High Court
Manoj SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner with conditions of a bail bond, sureties, and a monthly maintenance payment of Rs.3,000 to the wife.
Summary
Manoj Sahni applied for anticipatory bail in a case registered under Sections 115(2), 126(2), 85, 82, 3(5) of the Bihar Negotiable Instruments Act, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, alleging cruelty and dowry demands by his wife. The wife claimed she was denied maintenance, faced physical and mental cruelty, and was forced out of the matrimonial home. The petitioner denied any wrongdoing and offered to pay Rs.3,000 per month as maintenance, which the wife accepted. The court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and the condition that the petitioner deposit Rs.3,000 monthly in the wife’s bank account. The order was made to ensure the petitioner’s liberty while safeguarding the wife’s financial needs pending trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry and cruelty offences
- Whether the court can impose a condition of monthly maintenance as part of anticipatory bail
Legislation cited
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- cruelty
- maintenance
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65812 of 2025
Arising Out of PS. Case No.-37 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
Manoj Sahni S/o Chandra Kishor Sahni R/o Village- Thikahi, P.S.- Hathauri,
District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kamli Kumari W/o Manoj Sahni @ D/o Gudri Sahni At present Resident of
Atrari, P.S.- Aurai, District- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K.
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 24-02-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the complainant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Hathauri Police Station Case No. 37 of 2025, registered
for the offences punishable under Sections 115(2), 126(2),
85, 82, 3(5) of the BNS, 2023 and Sections 3 and 4 of the
Dowry Prohibition Act.
3. As per the prosecution story, the informant alleges that
her marriage with the petitioner was solemnized on
11.05.2022 and that her parents spent about Rs. 3 lakhs
along with gold jewellery and household articles at the
time of marriage. It is alleged that thereafter the accused
Patna High Court CR. MISC. No.65812 of 2025(5) dt.24-02-2026
2/4
persons demanded a motorcycle and subjected her to
physical and mental cruelty. Despite her pregnancy, she
was allegedly not permitted to meet her relatives and was
eventually taken to her parental home due to deterioration
of her health, where she gave birth to a son on
23.03.2022. The accused allegedly provided no support. It
is further alleged that when she returned to her
matrimonial home on 28.11.2024 with her child, she was
forcibly prevented from entering, and that the petitioner
has contracted a second marriage.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case.
However, without prejudice to the right and contention of
the petitioner, and in order to maintain harmony in the
family, the petitioner is ready and willing to pay a sum of
Rs. 3,000/- per month to the Opposite Party No. 2 as
living cost, subject to the final outcome of the present
case as well as the matrimonial case, if any, pending
and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No.
2 accepts the offer so made by learned Counsel for the
Patna High Court CR. MISC. No.65812 of 2025(5) dt.24-02-2026
3/4
petitioner and submits that the O.P. No. 2 is at the verge
of starvation and the petitioner may be directed to deposit
the said amount of Rs. 3,000/- per month in the bank
account of the complainant-Opposite Party No. 2, details
of which shall be furnished by learned Counsel for the
Opposite Party No. 2 to learned Counsel for the petitioner
within ten days from today.
6. After having heard learned Counsel for the parties and
taking into consideration the materials on record and the
fact that the offer made by learned Counsel for the
petitioner has been accepted by learned Counsel for the
Opposite Party No. 2, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest/surrender before the learned Court below within a
period of six weeks from today, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, Court No. 14 (East),
Muzaffarpur, in connection with Hathauri Police Station
Case No. 37 of 2025.
Patna High Court CR. MISC. No.65812 of 2025(5) dt.24-02-2026
4/4
9. This is subject to the condition that the petitioner shall
deposit a sum of Rs. 3,000/- per month in the bank
account of Opposite Party No. 2, staring from 10th March,
2026.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
Checking your session…