Patna High Court
CHANDAN KUMAR @ CHANDAN MANJHIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is warranted and granted it subject to prescribed conditions.
Summary
The Patna High Court considered an application for anticipatory bail filed by Chandan Kumar, who faces charges under IPC sections 302, 498A, 406, 120B and Dowry Prohibition Act sections 3 and 4 for alleged assault in a dowry‑demand case. The parties had reached a mutual divorce settlement, including a permanent alimony of Rs 10 lakhs and a payment schedule, and the petitioner had already transferred Rs 2 lakhs to his wife. The State opposed the bail, citing the seriousness of the offences. The court noted the compromise, the petitioner’s clean antecedent, and the continuation of the interim order, and consequently granted anticipatory bail subject to a bond of Rs 10,000, two sureties, and conditions under Section 438(2) CrPC and Section 482. The bail may be cancelled if the petitioner rescinds the compromise.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the pending offences under the IPC and Dowry Prohibition Act.
- Whether the mutual divorce settlement and payment of alimony affect the grant of anticipatory bail.
- Whether the State’s opposition is sufficient to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 302, 406, 498A
Subjects
- anticipatory bail
- dowry harassment
- criminal conspiracy
- mutual divorce
- settlement
- Section 438 CrPC
- IPC
- Dowry Prohibition Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69877 of 2023
Arising Out of PS. Case No.-315 Year-2023 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Chandan Kumar @ Chandan Manjhi Son Of Rabindra Manjhi Resident Of
Village - Hardiya, Post - Chamanpura, Police Station - Baikunthpur, District -
Gopalganj
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Arti Devi Wife Of Chandan Kumar @ Chandan Manjhi Resident Of Village
- Hardiya, Post - Chamanpura, Police Station - Baikunthpur, District -
Gopalganj, At Present Daughter Of Gautam Manjhi, Resident Of Village -
Devkuli, Lakshmipur, Post - Shyampur, P.S. - Mohammadpur, District -
Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Setu Prateek, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Gopalganj Complaint Case No. 315 of 2023 registered for the
offence under Sections 3023, 498(A), 406, 120(B) of the Indian
Penal Code and Section 3/ 4 of the D.P. Act.
3. As per the prosecution case, petitioner is alleged
of assaulting the victim for demand of dowry.
4. Both the parties have settled their disputes in
P.H.C. Mediation Centre. The following order was passed on
03.02.2026 which reads as under:-
Patna High Court CR. MISC. No.69877 of 2023(6) dt.19-02-2026
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It is jointly submitted by learned counsel
appearing for the parties that the parties amicably decided to
dissolve their marriage against permanent alimony of Rs. 10
lacs by preferring a petition for mutual divorce before the
concerned Family Court. It is also submitted that both
childrens will remain with opposite party no. 2 till attaining
their majority.
2. It is also jointly submitted that the first
payment of Rs. 2 lacs to the informant shall be made after 15
days, whereas balance of Rs. 8 lacs be paid in two equal
installments at the time of first motion and second motion,
respectively before the learned Family Court.
3. Both parties are present in person before this
Court.
4. In aforesaid terms, the parties are directed to
file a compromise petition on affidavit, positively by next date
of hearing.
5. Petitioner is directed to pay Rs. 2 lacs on or
before the next date of hearing to the informant either through
RTGS/bank draft.
6. Re-notify this matter on 19.02.2026, position
be retained.
7. In the meantime, interim order dated
01.11.2023 qua petitioner shall remain continued.
8. Both parties are directed to remain present in
person before this Court, positively, on next date of hearing.
5. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely been
implicated in this case. It is next submitted that Rs. 2,00,000/- as
agreed by the petitioner has been transferred in the Bank account
Patna High Court CR. MISC. No.69877 of 2023(6) dt.19-02-2026
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of the O.P. No. 2 and rest of the payment is to be made as per the
agreement in the divorce proceedings. Petitioner has clean
antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. Considering the aforesaid facts, this application is
allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Gopalganj/ concerned Court below in connection with Gopalganj
Complaint Case No. 315 of 2023, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
9. This is also subject to the condition that in case the
petitioner resiles from the compromise, O.P. No. 2 is given liberty
to move for cancellation of anticipatory bail of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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