Patna High Court
Md. SabbanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bail‑bond, sureties, and strict compliance with the mediation settlement terms.
Summary
The petitioner, Md. Sabban, was arrested in a case involving offences under Sections 341, 323, 498A, 504, 506, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He claimed that the dispute with his wife, Zeba Khatoon, had been amicably settled through mediation and both parties agreed to resume marital cohabitation. The wife’s counsel did not contest the settlement and the Mediation & Conciliation Centre had recorded a Memorandum of Agreement. The petitioner applied for bail, offering a bail‑bond of Rs.10,000 with two sureties and seeking release within eight weeks. The Court, noting the settlement and the conditions imposed, granted bail under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS, subject to compliance with the Memorandum of Agreement, and retained the power to cancel the bail if conditions were breached.
Issues considered
- Whether bail can be granted to the petitioner despite pending charges under the IPC and Dowry Prohibition Act
- Whether the mediation settlement and Memorandum of Agreement can be a basis for bail
- Whether conditions under Section 438(2) Cr.P.C. and Section 482 BNSS are applicable
Legislation cited
- Bihar Negotiable Settlement Act — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A, 504, 506
Subjects
- bail
- mediation
- settlement
- domestic violence
- dowry prohibition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11844 of 2026
Arising Out of PS. Case No.-43 Year-2024 Thana- MAHILA P.S. District- Vaishali
======================================================
Md. Sabban S/O Wahid Hassan R/O Village- Rasulpur Enayat @ Babhan
Toli, P.S- Goraul, Distt.- Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Zeba Khatoon W/O Md. Sabban At present Residing At C/O Jan
Mohammad, Village- Kanti, P.S- Lalganj, Distt.- Vaishali, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pandey Sanjay, Adv.
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
Mr. Ramesh Kumar Chaudhary, 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 case registered for the offence under
Sections 341, 323, 498A, 504, 506 & 34 of the Indian Penal
Code 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 both parties have
agreed to live together, as husband and wife. Petitioner also
undertakes to keep opposite party no. 2 with full respect and
dignity.
4. Learned counsel for the opposite party no. 2 does
not dispute the aforesaid contention and confirms the fact
Patna High Court CR. MISC. No.11844 of 2026(4) dt.09-07-2026
2/2
regarding the 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. In view of aforesaid facts and circumstances, in the
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, as named above, 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., Vaishali at Hajipur in connection with Mahila P.S.
Case No. 43 of 2024, subject to condition as laid down under
Section 438(2) of the Cr.P.C./Section 482 of the BNSS with
condition that petitioner shall abide by all the terms &
conditions, mentioned in Memorandum of Agreement, failing
which, the learned Court below would be at liberty to cancel
the bail-bond of petitioner.”
(Prabhat Kumar Singh, J)
anay
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