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Patna High Court

Rohit Mahto @ Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted in the present case subject to a bond of Rs 10,000, two sureties, and the petitioner’s undertaking to pay Rs 3,000 monthly, under the discretion conferred by Section 482 of the B.N.S.S.

Summary

The petitioner, Rohit Mahto, sought bail in a criminal case alleging bigamy and related offences under Sections 126(2), 115(2), 74 and 85 of the B.N.S., 2023. The informant, his wife Rina Devi, claimed that he married a second time and, when confronted, his family assaulted and evicted her. The petitioner denied the allegations and offered to pay Rs 3,000 per month as temporary relief to the wife if he were arrested. The court considered the petitioner's undertaking, the nature of the offences, and the discretion under Section 482 of the B.N.S.S. It granted bail on a bond of Rs 10,000 with two sureties and imposed conditions including the monthly payment and an affidavit by the wife. The order is subject to any further matrimonial or maintenance orders and may be cancelled if the petitioner defaults on the payment.

Issues considered

  • Whether bail can be granted to the petitioner in a case involving alleged bigamy and related offences under the B.N.S.
  • Whether the petitioner’s undertaking to pay monthly maintenance is sufficient to justify bail under Section 482 of the B.N.S.S.
  • Whether the court has discretion to impose conditions such as a bond, sureties, and payment obligations in granting bail

Legislation cited

  • B.N.S. — s. 115, 126, 482, 74, 85

Subjects

  • bail
  • bigamy
  • maintenance
  • Section 482
  • criminal procedure
  • maternity dispute
  • temporary relief

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69739 of 2025
                   Arising Out of PS. Case No.-260 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Rohit Mahto @ Rohit Kumar S/O Ramadhar Mahto Resident of Vill.-
                 Karrakh, P.S.- Bibhutipur, Dist.- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rina devi w/o Rohit Mahto R/O karrakh Tola Bhavwandpur ward no-07 p.s-
                 Bibhutipur dist-Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Ashok Kumar
                 For the State           :        Mr.Nirmal Kumar Sinha
                 For the OP-2            :        Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   19-01-2026                      Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for opposite party no. 2.

                                 2. The petitioner who is husband of the opposite party

                   no. 2, apprehends his arrest in a case registered for the offences

                   under Sections 126(2), 115(2), 74, 85 of the B.N.S., 2023.

                                 3. The informant alleges that her marriage was

                   solemnized with this petitioner on 21.08.2020 in Ashokdham

                   Temple, Begusarai and after five years of marriage, petitioner

                   went to Deoghar, but did not return. She further alleges that

                   when she inquired, she learnt that petitioner has solemnized

                   second marriage and on objection raised by informant, family

                   members of petitioner assaulted and ousted her.
Patna High Court CR. MISC. No.69739 of 2025(3) dt.19-01-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner denies the allegation made in the F.I.R. Even,

          petitioner disputes solemnization of marriage with opposite

          party no. 2. However, the petitioner undertakes to give Rs.

          3,000/-per month by way of temporary relief/solace, starting

          from this month, to the opposite party no.2.

                       5. In view of the undertaking of learned counsel for

          the petitioner that petitioner is ready to give temporary

          relief/solace of Rs. 3,000/- (Rupees three thousand) per month

          to the opposite party no. 2, in the event of arrest/surrender

          within a period of eight weeks from today, let the above-named

          petitioner be enlarged on bail on furnishing bail bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned S.D.J.M. Rosera, Samastipur

          in connection with Bibhutipur P.S. Case No. 260 of 2025,

          subject to the conditions laid down under section 482 of the

          B.N.S.S. as well as on the following conditions:-

                       “(1) Opposite party no. 2 would file an affidavit
                            before the court below and bring on record her
                            savings       bank      account    number   for   its
                            communication to the petitioner.
                       (2) Petitioner would deposit the aforesaid amount
                            per month in the savings bank account of the
                            opposite party no. 2.
           Patna High Court CR. MISC. No.69739 of 2025(3) dt.19-01-2026
                                                       3/3




                                  (3) In case, the petitioner fails to deposit the
                                       aforesaid amount for two consecutive months,
                                       the court below would be at liberty to cancel
                                       the bail-bond.
                                 (4) The aforementioned payment will be subject to
                                        any order passed in matrimonial, maintenance
                                        or connected proceedings. The present order, in
                                        no way, will preclude the parties to resolve the
                                        issue otherwise.”



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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