Mantosh Kumar Das @ Mantosh Das @ Mantosh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16952 of 2025 Arising Out of PS. Case No.-1056 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Mantosh Kumar Das @ Mantosh Das @ Mantosh Ram Son of Ram Lal Das Resident of Village -Chak Makai PS -Jandaha, Dist- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Neha Devi Wife of Mantosh Kumar Das @ Mantosh Das @Mantosh Ram Resident of Village -Chak Makai PS -Jandaha, Dist- Vaishali At P/AVillage- Mahmadpur, Ps- Mohiuddinnagar, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Surya Narayan Roy, Advocate For the State :
Mr. Anil Kumar Singh No. 1, APP For Opposite Party No. 2:
N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.
3. The petitioner apprehends arrest in a complaint case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
4. The prosecution case, in brief, is that marriage of complainant was solemnized with this petitioner as per Hindu rites and rituals on 24.04.2015. It is alleged that after marriage,
Patna High Court CR. MISC. No.16952 of 2025(4) dt.23-07-2025 2/3 all the accused persons, including this petitioner, subjected complainant to torture and harassment due to non-fulfillment of demand of dowry.
5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and omnibus allegation. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
7. Considering the facts and circumstances of the case and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from
Patna High Court CR. MISC. No.16952 of 2025(4) dt.23-07-2025 3/3 today, 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., Samastipur in connection with C.R. Case No. 1056 of 2018, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T