Patna High Court
Mukesh Kumar BarnwalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner, subject to a bond, sureties, and compliance with the mediation settlement and Section 482(2) of the B.N.S.S.
Summary
Mukesh Kumar Barnwal sought relief fearing arrest in a dowry‑related case where the informant alleged assault by her husband and in‑laws for non‑payment of a Rs.5 lakh dowry demand. The petitioner claimed he was falsely implicated and that the dispute had been amicably resolved through mediation, with the parties now living together. The informant’s counsel concurred that the matter was settled. Considering the settlement, the court found no justification to keep the petitioner in custody and ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and compliance with the mediation agreement. The bail is conditioned on the petitioner abiding by the terms of the settlement and Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether the petitioner is entitled to bail despite pending charges under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act
- Whether a settlement through mediation extinguishes or bars the continuation of criminal proceedings
- Applicability of Section 482(2) of the Bharatiya Nyaya Sanhita in granting bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 3(5), 482(2), 85, 89
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry prohibition
- mediation settlement
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11018 of 2026
Arising Out of PS. Case No.-672 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Mukesh Kumar Barnwal S/O Om Prakash Prasad Barnwal R/O Village- Ojha
Mathiya, P.S- Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate
For the State : Ms. Shaheen Begum, APP
For the Informant : Mr. Gyan Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 85, 89,
109(1), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 and
4 of the Dowry Prohibition Act.
3. The prosecution case, in brief, is that husband of
the informant and her in-laws assaulted the informant for non-
fulfillment of dowry demand of Rs. 5 lakhs cash and a
motorcycle.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
Patna High Court CR. MISC. No.11018 of 2026(3) dt.22-04-2026
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the dispute between the parties has been settled through process
of mediation and they are residing together and leading happy
conjugal life. The terms of settlement mutually agreed upon by
the parties and the same is kept at ‘Flag-M’.
5. Learned counsel for the informant does not dispute
the aforesaid contention and submits that both the parties have
settled their dispute through the process of mediation and they
are living happily together.
6. Having considered the facts and circumstances of
the case, submissions on behalf of the parties and the fact that
the dispute between the parties has already been resolved
through mediation and both of them are living together and
leading happy conjugal life, let the above named petitioner be
released on bail, in the event of arrest or surrender before the
learned court below within a period of six 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
learned Chief Judicial Magistrate, Bettiah, West Champaran in
connection with Majhauliya P.S. Case No. 672 of 2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S. with further condition that petitioner shall abide by all
the terms & conditions, mentioned in Memorandum of
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Agreement dated 19.03.2026 before the Mediation Centre,
failing which, learned Court concerned shall be at liberty to
cancel the bail-bond of the petitioner.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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