Mithlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46446 of 2025 Arising Out of PS. Case No.-416 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
Mithlesh Kumar son of Uma Shankar Paswan Village- Adalpur, PSMotipur, Dist.- Muzaffarpur 2.
Uma Shankar paswan son of Late Banarsi Paswan Village- Adalpur, PSMotipur, Dist.- Muzaffarpur 3.
Renu Devi wife of Uma shankar Paswan Village- Adalpur, PS- Motipur, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Munita Kumari wife of Mithlesh Kumar Village- Mokam Mathiya, PSKesariya, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the State :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner, learned APP representing the State as also learned counsel representing the informant.
2. The petitioners are apprehending their arrest in connection with Complaint Case No.C-416 of 2024 registered for the offence under Sections 498(A) of the Indian Penal Code, lodged by the complainant Munita Kumari.
3. As per the complaint, the allegation is that the marriage took place in the year 2018, two children came out of the wedlock but demanding dowry, she was ousted from the matrimonial house. The allegation is that he has performed second marriage also.
Patna High Court CR. MISC. No.46446 of 2025(4) dt.18-12-2025 2/3
4. Earlier, the coordinate Bench sent the matter to the Mediation Centre, the report dated 12.12.2025 shows that it failed.
5. Learned counsel for the petitioners submit that they wanted to keep her with full dignity and honor, for the present, considering that she is blessed with two children, on their own, they wants to contribute Rs.5,000/- per month which will go to the bank account of the lady and failure to do so, step be taken for cancellation of bail bond, if relief is granted to them.
6. Learned counsel for the informant and APP though opposes the prayer concede that if he is ready for monthly installment giving some economical support, they do not have any objection.
7. Considering the aforesaid facts and recording the undertaking of the petitioner no.1, namely Mithlesh Kumar that he shall be taking care of his wife and children by paying Rs.5,000/- per month, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
8. However, if petitioner no.1, namely Mithlesh Kumar fails to pay the amount by 10th of every month, the complainant shall take steps for cancellation of the bail bond.
9. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.46446 of 2025(4) dt.18-12-2025 3/3 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Complaint Case No.C-416 of 2024 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners 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 their bail bond by the Trial Court itself;
(iii) the petitioners 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;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T