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Patna High Court

Laltush PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner on the condition of compliance with the settlement agreement.

Summary

The petitioner, Laltush Paswan, was facing arrest in a complaint case (No. 1093 of 2024) alleging offences under several sections of the Bihar Negotiable Instruments Act, 2023 and the Dowry Prohibition Act. The petitioner, who is the husband of the second opposite party, Kranti Kumari, claimed that the dispute had been amicably settled through mediation, offering a settlement of Rs. 2,50,000 in two installments, which was accepted by the opposite party. Both parties confirmed the settlement and the matter had been referred to the Patna High Court Mediation & Conciliation Centre, resulting in a Memorandum of Agreement. The petitioner applied for anticipatory bail, arguing that the settlement removed any likelihood of further offence. The Court, noting the confirmed settlement and the parties’ consent, granted anticipatory bail subject to a bail‑bond of Rs. 10,000 with two sureties and compliance with the terms of the settlement agreement, reserving the right to cancel bail for breach. The order was made under Section 482 of the Bihar Negotiable Instruments Act, 2023.

Issues considered

  • Whether anticipatory bail can be granted when the parties have settled the dispute through mediation
  • Whether the pending criminal charges under the cited sections can be stayed pending compliance with the settlement

Legislation cited

Subjects

  • anticipatory bail
  • mediation
  • settlement
  • dowry prohibition
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11838 of 2026
                   Arising Out of PS. Case No.-1093 Year-2024 Thana- NALANDA COMPLAINT CASE
                                                    District- Nalanda
                 ======================================================
                 Laltush Paswan S/O Pradeep Paswan R/O Village- Nauranga, P.S.- Bind,
                 District- Nalanda

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Kranti Kumari D/O Rambali Paswan R/O Village- Jana, P.S.- Sare, District-
                 Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Pramod Kumar Sinha, Adv.
                 For the Opposite Party/s :    Mr.Sanjay Kumar Sharma, APP
                                               Mr.Md. Irshad, Adv.for OP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   09-07-2026                     Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for opposite party no. 2.

                                2. The petitioner, husband of opposite party no. 2,

                   apprehends his arrest in a complaint case punishable for the

                   offence under Sections 126(2), 115(2), 352, 85, 109, 88, 89,

                   303(2), 316(2), 3(5) of the B.N.S., 2023 and Section 3, 4 of the

                   Dowry Prohibition Act.

                                3. At the outset, learned counsel for the petitioner

                   submits that the dispute between the parties has been settled

                   amicably through the process of mediation and for this, the

                   petitioner offered to pay Rs. 2,50,000/- (Rupees Two Lakhs

                   Fifty Thousand only) in two installments, as full and final
Patna High Court CR. MISC. No.11838 of 2026(4) dt.09-07-2026
                                            2/3




          settlement amount and opposite party no. 2 has accepted the

          offer and gave her consent.

                       4. Learned counsel for the opposite party no. 2 does

          not dispute and confirms the fact regarding settlement entered

          into between the parties.

                       5. Here, it is relevant to mention that earlier, with

          consent of the parties, the matter was referred to Mediation &

          Conciliation Centre of Patna High Court to explore the

          possibility of settlement between the parties, which has been

          resolved in terms of Memorandum of Agreement annexed with

          Mediator’s report.

                       6. Considering the fact that dispute between the

          parties has been resolved, the prayer for anticipatory bail of

          petitioner is allowed.

                       7. Let the petitioner, as named above, in the event of

          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 S.D.J.M., Nalanda at Biharsharif in

          connection with Complaint Case No. 1093C of 2024, subject to

          condition as laid down under Section 482 of the B.N.S.S. with

          further condition that petitioner shall abide by all the terms &
           Patna High Court CR. MISC. No.11838 of 2026(4) dt.09-07-2026
                                                       3/3




                     conditions, mentioned in Memorandum of Agreement, failing

                     which, learned Court below shall be at liberty to cancel the

                     bail-bond of the petitioner.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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