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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

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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