Patna High Court
Laltush PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 316(2), 3(5), 352, 85, 88, 89
- Dowry Prohibition Act — s. 3, 4
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
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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
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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
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