Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80792 of 2024 Arising Out of PS. Case No.-2018 Year-2023 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Mantu Kumar S/o Surendra Rai Resident of Village- Bakarour, Police StationRajapakar, Distt.- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubi Kumari W/o Mantu Kumar, D/o Brahmdeo Rai R/o vill - Kushar, P.S. - Mahua, Distt.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Ms. Sweety Sinha, Advocate For the State :

Mr. Suresh Prasad Singh, APP For the Complainant :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Despite filing Vakalatnama, nobody appears on behalf of the Opposite Party No. 2.

3. The petitioner apprehends his arrest in a complaint case registered for the offences punishable under Sections 498A, 379, 323, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

4. The prosecution case, in brief, is that marriage of complainant was solemnized with this petitioner as per Hindu rites and rituals on 25.05.2021. It is alleged that after marriage,

Patna High Court CR. MISC. No.80792 of 2024(3) dt.22-09-2025 2/3 all the accused persons named in the complaint petition, including this petitioner, subjected complainant to torture and harassment due to non-fulfillment of demand of dowry.

5. It is submitted on behalf of petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because happens to be husband of the complainant and present case has been lodged due to petty family dispute. There are general and omnibus allegations. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedents.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of petitioner.

7. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory

Patna High Court CR. MISC. No.80792 of 2024(3) dt.22-09-2025 3/3 bail to the petitioner is allowed.

8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 2018 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T