Mantu @ Abhinav Kumar vs The State Of Bihar on 25 August, 2025

Patna High Court – Orders

Mantu @ Abhinav Kumar vs The State Of Bihar on 25 August, 2025

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60705 of 2024
                     Arising Out of PS. Case No.-76 Year-2023 Thana- NALANDA COMPLAINT CASE
                                                     District- Nalanda
                 ======================================================
                 Mantu @ Abhinav Kumar Son of Abhimanyu Yadav Resident of Village -
                 Khaidan Bigaha, P.S.- Islampur, District- Nalanda
                                                                   ... ... Petitioner
                                                    Versus
           1.     The State of Bihar
           2.    Anshu Kumari Wife of Mantu @ Abhinav Kumar @ Daughter of Arun
                 Kumar At Present R/O Vill.- Badiha, P.S.- Nagarnausa, Dist.- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Shyamal Prakash, Advocate
                 For the Opposite Party/s :    Mr.Atul Chandra, A.P.P.
                                               Mr. DB Mehta Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   25-08-2025

Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Center of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed
(Report kept at flag ‘M’).

2. Heard learned counsel for the petitioner, the State
and the opposite party no.2.

3. The petitioner, who is husband of opposite party
no.2, apprehends arrest in a case registered for the offence
punishable under sections 147, 149, 323, 498A, 504, 506/34 of
the Indian Penal Code and sections 3 & 4 of the Dowry
Prohibition Act.

4. Prosecution case in brief is that opposite party no.2
was married with the petitioner in 2018. After marriage, this
petitioner along with other accused persons started demanding
cash Rs. 4 lacs and a Maruti Alto car as dowry and on non-
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fulfillment of the same they used to assault and torture her.
Lastly, accused persons ousted opposite party no.2 from her
matrimonial house.

5. Learned counsel appearing for the petitioner, while
denying the allegations, submits that the petitioner is innocent
and has falsely been implicated in this case because he happens
to be husband of opposite party no.2. Petitioner is ready to keep
her with honour and safety. Besides this, petitioner is ready to
give Rs. 3000/-per month to opposite party no.2 by way of
temporary relief/solace, starting from this month, subject to any
order passed in matrimonial, maintenance or connected
proceedings.

6. Learned counsel for the State as well as opposite
party no.2 oppose the prayer for bail. Learned counsel for
opposite party no.2 submits that the petitioner, being husband of
opposite party no.2, in connivance with his family members,
subjected her to harassment and cruelty for non-fulfillment of
demand of dowry and also ousted her to her parents’ house. It is
further submitted that she has no means of livelihood and is on
the verge of starvation.

7. In view of the undertaking of learned counsel for
the petitioner as well as condition of opposite party no.2, in the
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, above-named, 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 the Sub
Divisional Judicial Magistrate, Hilsa Nalanda in Complaint
Case No. 76C/2023, subject to the conditions laid down under
section 438(2) of the Code of Criminal Procedure as well as on
the following conditions:-

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(i) Opposite party no.2. would file an affidavit before
the court below and bring on record her saving bank account
number for its communication to the petitioner.

(ii) Petitioner would deposit the aforesaid interim
relief per month in the saving bank account of the opposite party
no.2.

(iii) In case, petitioner fails to deposit the aforesaid
amount of temporary relief/solace for two consecutive months,
the court below would be at liberty to cancel the bail-bond.

(iv) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance or connected
proceedings. The present order, in no way, will preclude the
parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J)
shashi/-

U          T