Patna High Court
Dhananjay Yadav @ Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court conditionally granted bail to the petitioner, subject to a bond, sureties, and surrender within four weeks, relying on the mediation settlement and the provisions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Dhananjay Yadav, was named in an FIR for alleged cruelty and dowry demand under Sections 498A and 34 of the IPC in Deepnagar P.S. Case No. 311 of 2015. The parties subsequently entered into a mediation settlement dated 08.01.2026, which was approved by both counsel. The petitioner sought bail, arguing that the dispute was resolved through mediation. The Court noted the settlement and, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, directed that bail be granted if the petitioner surrenders within four weeks, upon furnishing a bond of Rs.10,000 with two sureties. The order also directed payment of the settlement amount to the informant’s bank account. The bail was thus conditionally granted pending compliance with the stipulated conditions.
Issues considered
- Whether the mediation settlement between the petitioner and the informant can justify the grant of bail in a case involving Sections 498A and 34 IPC.
- Whether Section 438(2) Cr.P.C. and Section 482(2) Bhartiya Nagarik Suraksha Sanhita are applicable to conditionally release the petitioner.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 498A
Subjects
- dowry harassment
- Section 498A IPC
- Section 34 IPC
- mediation settlement
- bail
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- conditional release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22017 of 2025
Arising Out of PS. Case No.-311 Year-2015 Thana- DEEPNAGAR District- Nalanda
======================================================
Dhananjay Yadav @ Dhananjay Kumar S/O Krishna Yadav R/O Village-
Bijwanpur, P.S - Deepnagar, DIstrict- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manju Devi W/O Dhananjay Yadav R/O Village- Bijwanpur, P.S-
Deepnagar, Distt.- Nalanda and D/O Tripit Yadav, R/O Village- Sirnama,
P.S- Bena, Dist.- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mrs.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State duly assisted by learned counsel for the
informant/O.P. No.2.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Deepnagar P.S.
Case No. 311 of 2015 registered for the offences punishable
under Sections 498A and 34 of the Indian Penal Code.
3. As per FIR,, the petitioner alleged to commit cruelty
upon the informant/O.P. No.2 alongwith other co-accused
persons/family members due to non-fulfillment of demand of
dowry.
Patna High Court CR. MISC. No.22017 of 2025(5) dt.13-01-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that the matter referred to Mediation
Centre of this Hon’ble Court, where dispute and differences
between the parties also appears settled in terms of
agreement dated 08.01.2026 drawn by the mediator through
Mediation Proceeding No. 1060/2025 duly signed by the
parties.
5. The aforesaid submission also approved by learned
counsel appearing on behalf of the informant/O.P. No. 2.
6. Learned A.P.P. for the State is present.
7. In view of the aforesaid factual submissions and by
taking note of the fact as the dispute and differences appears
settled between the parties out of aforesaid mediation
proceeding, accordingly, above-named petitioner, in the event
of his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of
the like amount each to the satisfaction of learned Chief
Judicial Magistratge, Nalanda/concerned court in connection
with Deepnagar P.S. Case No. 311 of 2015, subject to the
Patna High Court CR. MISC. No.22017 of 2025(5) dt.13-01-2026
3/3
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
8. It is made clear that in terms of Mediation
Proceeding No. 1060/2025 dated 08.01.2026, the entire
payment shall be made to the account of informant/O.P. No.
2 as available with Punjab National Bank, Baikatpur, District –
Patna, bearing No. 1315001700224675; customer No.
BY0032077 and Aadhar No. 675450619893.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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