Patna High Court
Md. Sajid AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions, noting the mediation settlement and pending status of the complaint.
Summary
The petitioner, Md. Sajid Ansari, was named in a complaint (Case No. 190 of 2023) alleging cruelty under Section 498A of the IPC for non‑payment of a Rs. 5 lakh dowry demand. The petitioner’s counsel submitted that the dispute had been resolved through mediation, resulting in a memorandum of agreement dated 04‑12‑2025. No informant appeared before the court. Considering the settlement and the fact that the issues were resolved, the court directed that the petitioner be released on bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order effectively grants bail while the criminal case remains pending.
Issues considered
- Whether bail can be granted to the accused in a Section 498A case where the parties have settled the dispute through mediation
- Whether the conditions under Section 482(2) of the BNSS are applicable for granting bail in the pending complaint
Legislation cited
- Bihar Negotiable Settlement Scheme — s. 482(2)
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- Section 498A
- bail
- mediation settlement
- criminal miscellaneous
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19366 of 2025
Arising Out of PS. Case No.-190 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Md. Sajid Ansari S/O Md. Abid Ansari R/O Gayas Nagar, Phulwarisharif, P.S-
Phulwarisharif, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arfin Fatima W/O Md. Sajid Ansari R/O Phulwarisharif, P.S-
Phulwarisharif, Distt.- Patna. D/O Md. Zaffar Ahmad, R/O Mohalla-
Alamganj, Ghera Gali, P.S- Alamganj, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Pandey
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 08-01-2026 Heard the parties.
2. The petitioner is named in the complaint case and
apprehending his arrest in connection with Complaint Case No.
190 of 2023 registered for the offences punishable under
Sections 498A of the Indian Penal Code.
3. The allegation against petitioner is to commit
cruelty upon complainant alongwith family members/ co-
accused persons due to non-fulfillment of demand of dowry as
raised for cash of Rs. 5 lakh.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that matter was referred to mediations
Patna High Court CR. MISC. No.19366 of 2025(5) dt.08-01-2026
2/2
where upon mediation the issues and differences between the
parties settled in terms of memorandum agreement in Mediation
Proceedings no. 923 of 2025 dated 04.12.2025.
5. Aforesaid mediation report is available on record.
6. None appeared for informant/ O.P. No. 2.
7. In view of aforesaid factual submission and by
taking note of fact as issues and differences now settled
between the parties in terms of aforesaid mentioned mediation
proceedings, accordingly petitioner above-named, in the event
of his arrest or surrender before the court below within a period
of four weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned ACJM
II, Patna City, Patna /concerned Court, where the case is
pending in connection with Complaint Case No. 190 of 2023,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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