Patna High Court
Avinash Kumar Puspakar @ Avinesh Kumar PushkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the presence of an amicable settlement and the petitioner's readiness to provide bail bond justify granting anticipatory bail, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Avinash Kumar Puspakar, was accused of assault and torture under Sections 85 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act in Complaint No. 2033 of 2024. He claimed innocence and asserted that the parties had amicably settled the dispute, filing a divorce petition under Section 13(B) of the Hindu Marriage Act and agreeing to pay Rs.10,50,000 to the complainant. The State opposed the petitioner's request for anticipatory bail. The Court considered the settlement, the petitioner's willingness to furnish bail bonds, and the provisions of Section 482(2) of the BNSS, and allowed the anticipatory bail with conditions. The bail was conditioned on a bond of Rs.10,000, two sureties, and the possibility of cancellation if the compromise fails. The order directs that the petitioner be released on anticipatory bail if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted in a dowry‑related assault case where the parties claim an amicable settlement.
- Whether the existence of a settlement and payment under the Hindu Marriage Act affects the propriety of granting bail under criminal law.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 permits the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 351(3), 482(2), 85
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 13(B)
Subjects
- anticipatory bail
- dowry harassment
- settlement
- Hindu Marriage Act
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- Section 85
- Section 351(3)
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15147 of 2026
Arising Out of PS. Case No.-2033 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Avinash Kumar Puspakar @ Avinesh Kumar Pushkar S/o Tribhuvan Prasad
Bhagat R/o Village - Bajitpur Saidat , P.S - Bidupur, District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Megha Kumari D/o Premjit Bhagat @ Jay Prakash R/o Village - Lagunia
Suryakanth, P.S - Muffasil, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 2033 of 2024 in which cognizance has
been taken under Section 85 and 351(3) of the Bharatiya Nyaya
Sanhita, 2023 and Section 3 and 4 of the DP Act.
3. As per the prosecution case, the petitioner is
accused of assaulting and torturing the complainant due to the
non-fulfillment of the demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
It is further submitted that the parties have amicably settled their
dispute and, in this regard, a divorce petition under Section
13(B) of the Hindu Marriage Act has been filed before the
Patna High Court CR. MISC. No.15147 of 2026(2) dt.10-03-2026
2/2
Principal Judge, Family Court, Hajipur, with the consent of both
parties. It is also submitted that the petitioner has agreed to pay
Rs. 10,50,000/- to the O.P. No. 2 as part of the settlement.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Complaint Case No. 2033 of 2024 subject to the conditions as
laid down under Section 482(2) of the BNSS.
8. It is made clear that in the event of failure of the
compromise, the complainant will be at liberty to move before
this Court for cancellation of the anticipatory bail granted to the
petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…