Patna High Court

Pushkar KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail is granted to the petitioner subject to a bond, sureties, and adherence to the mediated settlement.

Summary

The petitioner, Pushkar Kumar, feared arrest in a criminal case involving offences under Sections 341, 323, 354, 498A, 504, 506/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The dispute between the petitioner and the respondent, Heena Kumari, was referred to the Patna High Court Mediation and Conciliation Centre, where it was resolved through a mediated agreement. The mediator’s report dated 30.07.2025 confirmed the settlement. The petitioner applied for bail, arguing that the mediation settlement should preclude arrest. The Court examined the mediation report, found no objection from the informant, and granted bail on the condition of a Rs.10,000 bond, two sureties, and compliance with the mediated agreement, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether bail can be granted to the petitioner despite pending charges under the IPC and Dowry Prohibition Act, given that the dispute has been resolved through mediation.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 341, 354, 498A, 504, 506/34

Subjects

bail
mediation
criminal procedure
IPC
dowry prohibition
settlement
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11740 of 2025
                     Arising Out of PS. Case No.-16 Year-2024 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Pushkar Kumar S/O Uttam Kumar R/O Mohalla- Brahampura Rang Gali, P.S-
                 Brahampura District Muzaffarpur

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Heena Kumari W/O Pushkar Kumar R/O Mohalla- Brahampura Rang Gali,
                 P.S- Brahampura District Muzaffarpur, D/O Suresh Kumar, presently resides
                 at village- Madudabad, P.S- Mohiuddin Nagar, District- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Bela Singh, Advocate
                 For the Opposite Party/s :      Mrs. Sangeeta Sharma, A.P.P.
                 For the Informant        :      Mr. Ashok Kumar Poddar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   08-01-2026                  At the outset, learned counsel for the petitioner

                   submits that dispute between the parties has been resolved

                   through the process of mediation.

                                2. Heard learned counsel for the petitioner, informant

                   and the State.

                                3. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 341, 323, 354, 498A,

                   504, 506/34 of the Indian Penal Code and Sections 3/4 of the

                   Dowry Prohibition Act.

                                4. Earlier, the matter was referred to Patna High Court

                   Mediation and Conciliation Centre by order dated 14.05.2025
            Patna High Court CR. MISC. No.11740 of 2025(4) dt.08-01-2026
                                                        2/2




                      for resolution of dispute between the parties and in this regard, a

                      report dated 30.07.2025, kept at flag ‘M’, has been received. On

                      perusal of Mediator’s report, it appears that the dispute between

                      the parties has been resolved on the terms and conditions

                      mentioned in the Agreement (annexed with the Mediator’s

                      report).

                                   5. Learned counsel for the informant does not dispute

                      the contention made on behalf of the petitioner.

                                   6. Accordingly, this bail application is allowed and it

                      is ordered that in the event of arrest/surrender within a period of

                      eight weeks from today, let the above-named petitioner 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 Judicial Magistrate, 1st Class, Samastipur

                      in connection with Mohiuddin Nagar P. S. Case No. 16 of 2024,

                      subject to condition as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita with further condition that

                      petitioner shall abide by the terms & conditions of the

                      agreement, arrived at between both parties before the Mediator.



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

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