Patna High CourtCR. MISC./63814/2025bail granted

Mithlesh Kumar v. The State Of Bihar

2026-02-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63814 of 2025 Arising Out of PS. Case No.-1669 Year-2017 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Mithlesh Kumar S/o Dashrath Prasad @ Dashrath Singh @ Dashrath Kumar Resident of Village- Surangapur, P.S.- Sandesh, District- Bhojpur, at present R/o Mohalla - Tuglakabad (Infront of Ratan Hard ware), P.S. - Govindpur, Distt.- Delhi ... ... Petitioner/s

Versus

The State of Bihar 2.

Riya Kumari W/o Mithalesh Kumar, D/o Shyam Bihari Prasad At present R/o Mohalla - K.G. Road, P.s.- Ara Nawada, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/state :

Mr.Damodar Prasad Tiwary For the complainant-OP No. 2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-02-2026

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1669 / 2017 dated 17.10.2017 registered under Section 323, 307, 498(A) of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act.

3. As per the complaint the marriage of the complainant was solemnized with the petitioner on 25.07.2017 and it is alleged that the very next day after marriage the accused persons including the husband started demanding motorcycle and golden chain as dowry and due to non fulfillment of the demand they meted out cruelty to the complainant.

Patna High Court CR. MISC. No.63814 of 2025(5) dt.23-02-2026 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence in the manner alleged. The petitioner is trying to settle the matter since 2017 but the family member of opposite party no. 2 is not ready to settle the dispute. The petitioner is residing at Delhi since the outbreak of COVID pandemic as such he could not make any pairvi in this case. The petitioner is ready to keep his wife with love, care and dignity. There is no specific allegation against the petitioner. Notice to the complainant was sent twice but she failed to appear before the court below.

5. Despite issuance of notice by this Court vide order dated 15.09.2025, no one appeared on behalf of complainant/opposite party no. 2. On last date also i.e. on 17.01.2026 none was present on behalf of the opposite party no. 2.

6. Regard being had to the submission made by the parties, taking into consideration the fact that there is marital discord between the complainant and the petitioner, offence is triable by Magistrate and there is no likelihood that the petitioner will abscond, accordingly, I am inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court

Patna High Court CR. MISC. No.63814 of 2025(5) dt.23-02-2026 3/3 below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bhojpur at Ara in connection with Complaint Case No. 1669 of 2017 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T