Patna High CourtCR. MISC./19555/2025bail granted

Manish Kumar v. The State Of Bihar

2025-09-16Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19555 of 2025 Arising Out of PS. Case No.-9194 Year-2023 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Manish Kumar S/O Ashok Prasad @ Ashok Kumar Resident of villageDigha Ghat Danapur Cum Khagaul, PS- Digha Dist.- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Anshu Kumari W/O Manish Kumar, D/O Indradeo Paswan R/O Pathri Ghat, Tripolia Hospital, Abdullachak, Gulzarbagh, P.S.- Alamganj, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2025 Heard learned Counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 9194(C) of 2023 for the offence registered under sections 498A of the Indian Penal Code, by the Complainant, Anshu Kumari.

3. As per the story, the complainant alleged that she got married in the year 2019 but was tortured for dowry and finally thrown out, this led to the complaint.

4. Learned Counsel for the petitioner submits that a divorce suit has already been filed, the lady has also filed maintenance case, they are at the point of no return. The mediator report dated 24.07.2025 also shows that the mediation failed. On enquiry, it has been informed that the petitioner is

Patna High Court CR. MISC. No.19555 of 2025(4) dt.16-09-2025 2/3 working with the Indian Railways while the lady is unemployed. Till the divorce suit is taken to its logical conclusion, she is legally wedded wife, the petitioner intends to pay Rs.12,000/-per month to the lady which will go in her account by 10th of every month in the account, details of which given as under: Account holder- Anshu Kumari Central Bank of India A/C No. 3371882114 IFSC Code- CBIN0283732

5. The Mediation has failed, the lady is unemployed, a divorce suit is already there, the lady has also filed maintenance case, with the consent of parties, since the petitioner has shown his inclination to make payment @ Rs.12,000/- per month, this Court is inclined to extend him privilege of anticipatory bail subject to payment of Rs.12,000/- per month by 10th of every month in her bank account, details of which stated above. Failure to do so, the complainant shall be free to take steps for cancellation of his bail bonds.

6. Any order passed by the Competent Court in the maintenance case filed by the complainant, the present order shall merge with that order.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of

Patna High Court CR. MISC. No.19555 of 2025(4) dt.16-09-2025 3/3 Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Civil Court, Patna in connection with Complaint Case No. 9194(C) of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T