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Patna High Court

Dhirendra Kumar Sharma @ Dhirendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted, subject to bail bond and surety conditions, on the basis of the mediated settlement.

Summary

The petitioner, Dhirendra Kumar Sharma, sought anticipatory bail fearing arrest in a complaint under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. He argued that the dispute with the complainant had been settled through mediation, as evidenced by a mediator’s report dated 17‑06‑2026. The opposing party (Laxman Sharma) did not contest this claim. The High Court, noting the settlement, allowed anticipatory bail, directing that if arrested within six weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order thus prevents the petitioner’s arrest pending the settlement.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 498A IPC and Section 4 Dowry Prohibition Act when the parties have settled the dispute through mediation.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita authorises the grant of such bail.

Legislation cited

Subjects

  • anticipatory bail
  • mediation settlement
  • Section 498A
  • Dowry Prohibition Act
  • criminal procedure
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1442 of 2026
                 Arising Out of PS. Case No.-870 Year-2022 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Dhirendra Kumar Sharma @ Dhirendra Kumar S/O Late Dinanath Sharma
                 Resident of village- Khajuri, P.O.- Banjari, P.S.- Rohtas, District- Rohtas

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Laxman Sharma S/O Late Shiv Pujan Sharma R/O Vill.- Mohania, P.O. and
                 P.S.- Shivsagar, Dist.- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :     Mr. Ram Naresh Ray, A.P.P.
                 For the O.P. No. 2       :     Mr. Babu Nandan Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   29-06-2026                  Heard learned counsel for the parties.

                                2. The petitioner apprehends arrest in a case registered

                   for the offences punishable under Section 498A of the Indian

                   Penal Code and Section 4 of the Dowry Prohibition Act.

                                3. Learned counsel for the petitioner submits that the

                   dispute between the parties has already been resolved through

                   the process of mediation vide Mediator’s Report dated

                   17.06.2026 and terms of settlement mutually agreed upon by the

                   parties is attached with the Mediator’s Report kept at Flag ‘M’.

                                4. Learned counsel for the O.P. No. 2 does not dispute

                   the contention made on behalf of the petitioner.

                                5. In view of the fact that the dispute between the
              Patna High Court CR. MISC. No.1442 of 2026(3) dt.29-06-2026
                                                          2/2




                        parties has been resolved, this anticipatory bail is allowed and it

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

                        six 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 Chief Judicial Magistrate, Rohtas at

                        Sasaram in connection with Complaint Case No. 870 of 2022,

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

                        Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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