Patna High Court
Rahat Ali Khan @ Md. Rahat Ali Khan @ Rahat AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties of equal amount, and compliance with the mediation report terms.
Summary
The petitioner, Rahat Ali Khan, was named in an FIR and a complaint (Case No. 339 of 2024) for offences under Sections 323 and 498-A of the Indian Penal Code. The petitioner and his wife, Arzoo Tamanna, were living together and had resolved their domestic disputes through a mediation report dated 09.10.2025. The petitioner applied for bail, arguing that the mediation indicated a settled relationship and that he would surrender to the trial court within four weeks. The Court considered the mediation report, the nature of the offences, and the petitioner’s willingness to comply with bail conditions. It ordered the release of the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the concerned Judicial Magistrate and adherence to the mediation terms. The order effectively disposed of the bail petition.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 323 and 498‑A of the IPC.
- Whether the mediation report and the parties’ cohabitation justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 323, 498-A
Subjects
- bail
- IPC 323
- IPC 498-A
- mediation
- domestic dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21202 of 2025
Arising Out of PS. Case No.-339 Year-2024 Thana- COMPLAINT CASE - SHERGHATI
District- Gaya
======================================================
Rahat Ali Khan @ Md. Rahat Ali Khan @ Rahat Ali Son of Sadiqullah Khan
Resident of Village - Pokhari, Post - Kothi, P.S.- Sohail Salaiya, District -
Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arzoo Tamanna Wife of Rahat Ali Khan and Daughter of Nazrul Hoda
Resident of Village - Chuabar, Post - Dangra, P.S. - Mohanpur, District -
Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arshad Jameel Hashmi, Adv
: Mr. Kamal Kishor Singh, Adv
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
For the O.P. No. 2 : Mr. Munna Raj, Adv
: Mr. Munish Kumar, Adv
: Ms. Minakshi Kumari, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 05-01-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Complaint Case No.
339 of 2024 registered for the offences punishable under Sections
323 and 498-A of the IPC.
3. Considering the submission as parties are living
together, where disputes and differences resolved between them
through Mediation Report No. 1157 of 2025 dated 09.10.2025,
accordingly petitioner above named, in the event of his arrest or
surrender before the learned Trial Court within a period of four
Patna High Court CR. MISC. No.21202 of 2025(4) dt.05-01-2026
2/2
weeks, is directed to be released on bail, furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned J.M. 1 st Class,
Sherghati, Gaya/concerned Trial Court where the case is pending
in connection with Complaint Case No. 339 of 2024. Parties are
directed to follow the terms and conditions of aforesaid Mediation
Report.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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