Patna High Court
Rahul kumar Singh @ Rahul SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail is granted as the dispute has been resolved through mediation.
Summary
The petitioner, Rahul Kumar Singh, feared arrest in a criminal complaint (Case No. 796 of 2025) alleging offences under Section 85 of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act. He contended that the marital dispute underlying the complaint had been settled through mediation, as evidenced by a mediator's report dated 11 June 2026. The respondent, Sandhya Kumari, did not dispute this settlement. The High Court examined whether the settlement negated the need for custodial proceedings and whether anticipatory bail could be granted. Finding that the dispute was resolved, the Court allowed anticipatory bail, directing that if the petitioner is arrested or surrenders within eight weeks, he may be released on a bail bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order thus safeguards the petitioner’s liberty while preserving the court's jurisdiction over the underlying complaint.
Issues considered
- Whether anticipatory bail can be granted when the parties have settled the dispute through mediation.
- Whether the settlement extinguishes the criminal liability under the Dowry Prohibition Act and the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- mediation settlement
- dowry prohibition
- criminal procedure
- bail bond
- section 85
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.168 of 2026
Arising Out of PS. Case No.-796 Year-2025 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Rahul kumar Singh @ Rahul Singh son of Remekbal singh Resident Of
Village- Barharwa Khurd, Ps- Dumariya Ghat, District- East Champaran
Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sandhya Kumari Wife of Rahul Kumar singh Resident Of Village-
Madhubanighat Ps- Muffasil, Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, A.P.P.
For the Informant : Mr. Prateek Tandon, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-06-2026 Heard learned counsel for the parties.
2. The petitioner who is husband of opposite party
No. 2 apprehends arrest in a case registered for the offences
punishable under Sections 85 of the Bharatiya Nyaya Sanhita
and Sections 3/4 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
11.06.2026 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
Patna High Court CR. MISC. No.168 of 2026(4) dt.23-06-2026
2/2
the contention made on behalf of the petitioner.
5. In view of the fact that the dispute between the
parties has been resolved, this anticipatory bail is allowed and it
is ordered that in the event of arrest/surrender within a period of
eight 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, East
Champaran, Motihari in connection with Complaint Case No.
796 of 2025 (Tr. No. 3277 of 2025), 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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