Patna High Court
Satrodhan Kumar @ Shatrudhan @ Gandhi PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner under Section 438(2) of the CrPC, subject to detailed conditions to ensure his appearance and prevent tampering with evidence.
Summary
The petitioner, Satrodhan Kumar, sought anticipatory bail in connection with a criminal complaint (Case No. 467 of 2023) alleging offences under sections 498A, 406, 379 of the IPC and the Dowry Act. The matter had been referred to a mediation centre, where the parties reached a settlement involving a monetary payment and an agreement to file a mutual divorce under Section 13(B) of the Hindu Marriage Act. The High Court recorded the mediation agreement and, considering the settlement and the petitioner’s cooperation, ordered that anticipatory bail be granted subject to strict conditions under Section 438(2) of the CrPC. The conditions required a bail bond, sureties, regular appearance before the trial court and police, and a prohibition on tampering with witnesses or committing further offences. The Court’s order also stipulated that the petitioner must appear within four weeks of arrest or surrender to obtain bail. By granting bail, the Court aimed to balance the petitioner’s right to liberty with the State’s interest in ensuring the trial’s integrity.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting anticipatory bail under Section 438 of the CrPC in a case involving serious offences such as dowry harassment and criminal intimidation?
- Whether the settlement reached through mediation and the pending mutual divorce affect the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 3
- Hindu Marriage Act, 1955 — s. 13(B)
- Indian Penal Code — s. 379, 406, 498A
Subjects
- anticipatory bail
- mediation settlement
- dowry harassment
- criminal procedure
- family law
- mutual divorce
- section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11504 of 2026
Arising Out of PS. Case No.-467 Year-2023 Thana- JEHANABAD COMPLAINT CASE
District- Jehanabad
======================================================
Satrodhan Kumar @ Shatrudhan @ Gandhi Paswan S/o Rajendra Paswan R/o
Jamalpur, Nagwan Arazi, PS- Kako, District- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ritu Kumari W/o Satrodhan Kumar @ Shatrudhan @ Gandhi Paswan R/o
Jamalpur, Nagwan Arazi, P.S.- Kako, Distt- Jehanabad at present D/o
Krishna Paswan, R/o Kurmapa, P.S.- Koch, Distt.- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jainandra Kumar, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 08-07-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 467 of 2023 for the offence registered
under sections 498A, 406, 379 of the Indian Penal Code and ¾
of Dowry Act.
3. The Co-ordinate Bench earlier sent the matter to the
Mediation Center and as per the Mediator’s report dated
30.06.2026, the dispute stands resolved.
4. The memorandum agreement needs to be recorded
herein below:
Both the parties appeared in the
Mediation Proceeding along with their Learned
Patna High Court CR. MISC. No.11504 of 2026(4) dt.08-07-2026
2/4
Advocates and resolved their dispute through
process of Mediation on the following terms and
conditions:-
1. That after great persuasion both the
parties agreed to live separately and for this the
Petitioner (Satrodhan Kumar @ Shatrudhan @
Gandhi Paswan) offered to pay Rs.65,000/-(Rupees
Sixty Five Thousand Only) as full and final one
time settlement amount to the Opposite Party No.2
(Ritu Kumari). Opposite Party No.2 accepted the
offer and gave her consent.
2. That accordingly the petitioner has
already paid aforesaid amount of Rs. 30,000/-
(Rupees Thirty Thousand Only) in cash to the
Opposite Party No.2.
3. That petitioner agreed to pay the rest
amount of Rs. 35,000/-(Rs. Thirty Five Thousand
only) at the time of furnishing the bail bond.
4. That both the parties have agreed to
file the mutual divorce petition in terms of Section
13 (B) of the Hindu Marriage Act, before the
Principal Judge, Family Court, Jahanabad within
short period and thereafter both parties are free to
lead their life as per their own free will.
5. This settlement shall be full and final
settlement and no party shall claim in future
against each other, in any manner, whatsoever.
6. That the above contents of the
agreement have been read over and explained to us
in Hindi which have fully understood and accepted
Patna High Court CR. MISC. No.11504 of 2026(4) dt.08-07-2026
3/4
there upon.
7. That in the above terms and
conditions the present settlement has been arrived
at between the parties and both parties have signed
in presence of their learned counsels, who have
also put their signature on his agreement.
5. The aforesaid development that has taken place
necessitate granting relief to the petitioner herein.
6. Accordingly ordered.
7. 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 C.J.M., Jehanabad
in connection with Complaint Case No. 467 of 2023 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;
Patna High Court CR. MISC. No.11504 of 2026(4) dt.08-07-2026
4/4
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
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;
(v) 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.