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Patna High CourtCR. MISC./46490/2025bail granted

Manoj Kumar @ Manoj Prasad v. The State Of Bihar

2026-01-21Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46490 of 2025 Arising Out of PS. Case No.-424 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Manoj Kumar @ Manoj Prasad Son of Late Siya Sharan Prasad Resident of Village - Sukarbeg Chak, P.S. - Khushrupur, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Samjeera Devi Wife of Manoj Kumar @ Manoj Prasad Village- Bhat Bigaha, ps- Hilsa, Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP For the informant :

Mr. Tej Narayan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-01-2026 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner, Mr. Tej Narayan Singh for the opposite party no. 2 duly assisted by Ms. Minu Kumari and learned APP.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 424 'C' of 2024 for the offence registered under sections 341, 323, 504, 506, 307, 379, 498(A), 494, 34 of the IPC and Section 3⁄4 of the DP Act.

3. The lady who is wife of the petitioner complained that the marriage took place in the year 2016, the couple is blessed with two children but was always tortured for dowry and on 15.07.2022, she was thrown out of the house and it has further been alleged that he has solemnized second marriage

2/4 with one Poonam Devi. This followed the present case.

4. Earlier, notices were issued and the Co-ordinate Bench sent the matter to the Mediation Center but as per the report dated 10.11.2025, it failed.

5. Learned Counsel for the petitioner submits that he wanted to keep his wife and children with full dignity and honor, the same could not materialize, since they are living separately, he would like to economically support them by paying Rs. 4,000/- to the lady and Rs. 1,000/- each to the two children (totaling Rs. 6,000/-) which shall be paid to her by tenth of every month and failure to do so, the lady shall be free to take steps for cancellation of his bail bond, if relief is granted.

6. Learned APP for the opposite party no. 2, on the other hand, opposes the prayer for anticipatory bail submitting that he has solemnized second marriage without even thinking about the two children. However, since he has promised to pay Rs. 6,000/- per month, for the present, she is desisting from vehemently opposing the prayer reserving her right to take appropriate steps later.

7. Considering the submissions of the parties and in view of the fact that the mediation has failed, this petitioner do not have criminal antecedent, is ready to pay the aforesaid Rs.

3/4 6,000/- amount to the family, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

8. However, if the petitioner fails to make the payment by tenth of any month, the lady shall be free to take immediate steps for cancellation of his bail bond.

9. 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 Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Hilsa, Nalanda in connection with Complaint Case No. 424 'C' of 2024 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 (Aadhar Card, PAN Card, Driving License, Voter ID) 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

4/4 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 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) Vijay Singh/- U T