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Patna High Court

Mithlesh Kumar @ Mithelesh Kumar @ Mithlesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bond, sureties and specific conditions.

Summary

Mithlesh Kumar, husband of complainant Prabha Kumari, sought anticipatory bail in a complaint alleging dowry demands, cruelty and offences under Sections 85, 115(2) and 303(2) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The matter was referred to mediation, which failed to resolve the dispute. The petitioner denied the allegations but offered to pay Rs. 3,000 per month as temporary relief to the complainant. The State and the complainant opposed bail. The High Court, considering the undertaking and the failure of mediation, granted anticipatory bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding monthly payments and possible cancellation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry‑related criminal complaint.
  • Whether the petitioner’s undertaking to pay monthly relief suffices as a ground for bail.
  • Whether the conditions imposed under Section 482(2) are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • dowry prohibition
  • marital dispute
  • mediation
  • criminal complaint
  • Section 85
  • Section 115(2)
  • Section 303(2)
  • Section 3 Dowry Act
  • Section 4 Dowry Act
  • Section 482(2)

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.72707 of 2025

                 Arising Out of PS. Case No.-513 Year-2024 Thana- COMPLAINT CASE - BIKRAMGANJ
                                                     District- Rohtas
                 ======================================================
                 Mithlesh Kumar @ Mithelesh Kumar @ Mithlesh Kumar Singh S/O Ram
                 Bahadur Singh R/O Village- Ramnath Bigaha, P.O- Dhanaw, P.S- Nasariganj,
                 Distt.- Rohtas.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    Prabha Kumari W/O Mithlesh Kumar Singh, D/O Haricharan Singh R/O
                 Village- Dhanaw English, P.S- Nasariganj, Distt.- Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner    :      Mr. Nagendra Upadhyay, Advocate
                 For the State         :      Mr. Abhay Kumar Roy, APP
                 For the Complainant   :      Mr. Binod Kumar Sinha, Advocate
                                              Mr. Ajay Kumar Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   21-04-2026                 Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the complainant

                   /Opposite Party No. 2.

                               2. The petitioner, husband of the complainant

                   /Opposite Party No. 2, apprehends his arrest in a complaint case

                   registered for the offence punishable under Sections 85, 115(2)

                   and 303(2) of the B.N.S. and Sections 3 and 4 of the Dowry

                   Prohibition Act.
Patna High Court CR. MISC. No.72707 of 2025(4) dt.21-04-2026
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                       3. Earlier, vide order dated 27.01.2026, the matter was

          referred to Mediation and Conciliation Centre, Patna High

          Court. From perusal of mediator’s report dated 10.04.2026 it is

          apparent that despite best efforts, the dispute between the parties

          could not be resolved through the process of mediation.

                       4.    As     per      prosecution       case,   marriage   of

          complainant/Opposite Party No. 2 was solemnized with this

          petitioner on 06.03.2024 and thereafter, all the accused persons,

          including this petitioner, started demanding dowry and due to

          non-fulfillment of demand of dowry, the complainant/Opposite

          Party No. 2 was subjected to cruelty and harassment.

                       5. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner denies the allegations made

          in the complaint petition. Petitioner never committed torture to

          complainant/Opposite Party No. 2 or demanded any dowry.

          However, the petitioner undertakes to give Rs. 3,000/- (three

          thousand rupees) per month by way of temporary relief/solace,

          starting from this month, to the complainant/Opposite Party No.

          2. Petitioner claims clean antecedents.

                       6. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the complainant/Opposite Party No. 2

          have vehemently opposed the prayer for grant of anticipatory
Patna High Court CR. MISC. No.72707 of 2025(4) dt.21-04-2026
                                            3/4




          bail to the petitioner.

                       7. In view of the undertaking of learned counsel for

          the petitioner that petitioner is ready to give temporary

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

          to complainant/Opposite Party No. 2, in the event of

          arrest/surrender within a period of eight weeks from today, let

          the petitioner, above-named, 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 Sub-Divisional

          Judicial Magistrate, Bikramganj, Rohtas in connection with

          Complaint Case No. 513(C) of 2024, subject to condition as laid

          down under Section 482(2) of B.N.S.S. with further following

          conditions:

                              “(A.) The Complainant/Opposite Party No. 2
                       would file an affidavit before the court below and bring
                       on record her saving bank account number for its
                       communication to the petitioner.
                              (B.) Petitioner would deposit the aforesaid
                       amount per month in the saving bank account of the
                       Complainant/Opposite Party No. 2 .
                              (C.) 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.
                              (D.) The aforementioned payment will be subject
                       to any order passed in matrimonial, maintenance or
                       connected proceedings. The present order, in no way,
             Patna High Court CR. MISC. No.72707 of 2025(4) dt.21-04-2026
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                                    will preclude the parties to resolve the issue otherwise.”



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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