Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that a settlement reached through mediation justifies the grant of anticipatory bail, subject to conditions prescribed under Section 482(2) of the CrPC.
Summary
Vishal Kumar and Pramod Kumar applied for anticipatory bail in a complaint case (No. 4974 of 2024) alleging offences under Sections 406 and 34 of the IPC and Section 4 of the Dowry Prohibition Act. The petitioners argued that the dispute had been resolved through mediation, with a settlement agreement and a demand draft of Rs. 1,33,532 paid to the complainant, Soni Devi. The complainant did not contest the settlement. The High Court, noting the settlement and the lack of opposition, allowed the anticipatory bail, directing that the petitioners be released on bail if arrested within eight weeks, upon furnishing a bail bond of Rs. 10,000 each with two sureties, and subject to compliance with the terms of the settlement and Section 482(2) of the CrPC. The order also empowered the lower court to cancel the bail bond if conditions are breached.
Issues considered
- Whether anticipatory bail can be granted when the parties have settled the dispute through mediation.
- Whether the settlement and payment of compensation affect the applicability of Sections 406, 34 IPC and Section 4 Dowry Prohibition Act.
- What conditions may be imposed under Section 482(2) of the CrPC in granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 34, 406
Subjects
- anticipatory bail
- mediation settlement
- criminal breach of trust
- dowry prohibition
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1697 of 2026
Arising Out of PS. Case No.-4974 Year-2024 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
1. Vishal Kumar S/O Pramod Kumar @ Pramod Kumar Singh Resident of
Mohalla- Hatiya Station Road, P.S- Jagarnathpur, District- Ranchi
(Jharkhand)
2. Pramod Kumar @ Pramod Kumar Singh Son of Late Ram Narayan Sinha.
Resident of Mohalla- Hatiya Station Road, P.S- Jagarnathpur, District-
Ranchi (Jharkhand)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Devi Wife of Ramnaresh Prasad Resident of village-Gannipur Bejha,
P.S- Sakara, District- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Girish Chandra Jha, Advocate
For the State : Ms. Asha Devi, APP
For the Complainant : Mr. Bhavesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 28-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned A.P.P. appearing on behalf of the State and
learned counsel appearing on behalf of the
complainant/Opposite Party No. 2.
2. The petitioners apprehend their arrest in a
complaint case registered for the offence punishable under
Sections 406 and 34 of the Indian Penal Code and Section 4 of
the Dowry Prohibition Act.
3. At the outset, learned counsel appearing on behalf
Patna High Court CR. MISC. No.1697 of 2026(3) dt.28-04-2026
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of the petitioners submits that the dispute between the parties
has been settled through process of mediation and the terms of
settlement mutually agreed upon by the parties is kept with the
mediator’s report at ‘Flag-B’. In compliance of Memorandum of
Agreement, learned counsel for the petitioners handed over a
demand draft of Rs. 1,33,532/- in the name of Soni Devi
(complainant/Opposite Party No. 2) of I.D.B.I. Bank dated
23.03.2026, bearing D.D. No. 005296 to the learned counsel for
the complainant/Opposite Party No. 2, namely Mr. Bhavesh
Kumar.
4. Learned counsel for complainant/Opposite Party
No. 2 does not dispute the contentions raised on behalf of the
petitioners and confirms the fact regarding settlement between
the parties.
5. Considering the fact that dispute between the
parties has already been resolved through the process of
mediation, the prayer for grant of anticipatory bail to the
petitioners is allowed.
6. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.1697 of 2026(3) dt.28-04-2026
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amount each to the satisfaction of learned S.D.J.M.,
Muzaffarpur (East) in connection with Complaint Case No.
4974 of 2024, subject to condition as laid down under Section
482(2) of the B.N.S.S. with further condition that the petitioners
shall abide by all the terms & conditions, as mentioned in the
Memorandum of Agreement dated 17.03.2026 kept at Flag-B,
agreed between the parties, failing which, learned Court below
shall be at liberty to cancel the bail-bond of the petitioners.
(Prabhat Kumar Singh, J)
shashank/-
U T
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