Abhinandan Kumar @ Abhinandan Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20272 of 2026 Arising Out of PS. Case No.-43 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== Abhinandan Kumar @ Abhinandan Mahato, Son of Raghunandan Mahto, Resident of Village- Mustafapur, P.S.- Manikpur, District- Lakhisarai. ... ... Petitioner
Versus
1.
The State of Bihar 2.
Rekha Kumari @ Sulekha, D/o Bharat Mahto, Resident of Village- Kolipur, P.S.- Manikpur, District- Lakhisarai.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Brij Nandan Prasad, Advocate For the State :
Mr. Arun Kumar Singh, APP Opposite Party No.2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. Despite appearance being entered on behalf of the Respondent No.2/Informant, nobody is present on her behalf.
3. The petitioner seeks bail, apprehending his arrest, in connection with Manikpur P.S. Case No.43 of 2024, dated01.06.2024, registered for the offences punishable under Sections 498(A), 494, 34 of the Indian Penal Code & Section 3 / 4 of the Dowry Prohibition Act.
4. As per allegation, after the marriage, the Informant joined the matrimonial home of the Petitioner/husband, but soon thereafter, additional demand of dowry started on the part of the
2/4 Petitioner and his family members, and ultimately, the Informant has been ousted from the matrimonial home and her husband has entered into second marriage, with one Arti Kumari at the instigation of the mother-in-law.
5. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no truth in the allegation of any demand of dowry or cruelty or in the allegation of second marriage of the Petitioner with one Arti Kumari. As a matter of fact, the Informant/Wife has suspicion that the Petitioner has illicit relationship with one Arti Kumari, and hence, matrimonial discord has developed and she left the matrimonial home. He further submits that there is also one minor son born out of the wedlock and he the Petitioner is very much willing to keep his wife and his child along with him in his matrimonial home. He also submits that there is no documentary or other proof in support of the allegation of second marriage of the Petitioner with Aarti Kumari.
6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
7. It has further been stated in paragraph no.3 of the
3/4 bail petition that the petitioner has no criminal antecedents.
8. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
9. Considering the nature of allegation and material on record, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Manikpur P.S. Case No.43 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,
4/4 learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T