Patna High Court
Chhotu Kumar @ Chattu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted subject to a bail bond, sureties, compliance with Section 482(2) and the terms of the mediation agreement.
Summary
The petitioner, Chhotu Kumar, sought anticipatory bail in a criminal case involving alleged offences under Sections 85, 115(2), 351(2) and 3(5) of the B.N.S. and Section 4 of the Dowry Prohibition Act. The petitioner argued that the dispute with the informant, Soni Kumari, had been settled through mediation, with a settlement report kept at ‘Flag‑B’. The informant’s counsel did not contest this claim and confirmed the settlement. The court, noting that the parties had resolved their differences via mediation, allowed the petition for anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, compliance with Section 482(2) of the B.N.S.S., and adherence to the terms of the mediation agreement, failing which the bail could be cancelled.
Issues considered
- Whether anticipatory bail can be granted when the underlying dispute has been settled through mediation
- Whether the conditions under Section 482(2) of the B.N.S.S. are applicable to the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 115(2), 3(5), 351(2), 85
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 4
Subjects
- anticipatory bail
- mediation
- dowry prohibition
- criminal procedure
- settlement agreement
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2097 of 2026
Arising Out of PS. Case No.-23 Year-2025 Thana- MAHILA P.S District- West Champaran
======================================================
Chhotu Kumar @ Chattu Kumar S/O Shri Nandlal Chaudhari R/O Vill.-
Belwa, Dumariya, Ward No. 14, P.S.- Bagha, Distt.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari D/O Sri Parma Mahato R/O Vill.- Barwat Sena, Ward No. 38,
P.S.- Mufassil, Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Gyan Prakash, Advocate
For the State : Mr. Aditya Narayan Singh.1, APP
For the Informant : Mr. Umesh Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 28-04-2026 Heard learned counsel appearing on behalf of the
petitioner, learned A.P.P. appearing on behalf of the State and
learned counsel appearing on behalf of the informant/Opposite
Party No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 85, 115(2),
351(2) and 3(5) of the B.N.S. and Section 4 of the Dowry
Prohibition Act.
3. At the outset, learned counsel appearing on behalf
of the petitioner submits that the dispute between the parties has
been settled through process of mediation and the terms of
Patna High Court CR. MISC. No.2097 of 2026(3) dt.28-04-2026
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settlement mutually agreed upon by the parties is kept with the
mediator’s report at ‘Flag-B’.
4. Learned counsel for informant/Opposite Party No.
2 does not dispute the contentions raised on behalf of the
petitioner 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
petitioner 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) with two sureties of the like amount
each to the satisfaction of learned Sub Divisional Judicial
Magistrate, West Champaran at Bettiah in connection with
Bettiah Mahila P.S. Case No. 23 of 2025, 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 23.03.2026 kept at Flag-B, agreed between the parties,
failing which, learned Court below shall be at liberty to cancel
Patna High Court CR. MISC. No.2097 of 2026(3) dt.28-04-2026
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the bail-bond of the petitioner.
(Prabhat Kumar Singh, J)
shashank/-
U T
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