Patna High Court
Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to compliance with the terms of the mediation settlement.
Summary
The petitioner, Om Prakash Kumar, sought anticipatory bail in a complaint under Section 498A of the Indian Penal Code alleging dowry harassment, physical assault, and attempted miscarriage of his wife, Aarti Kumari. The complaint detailed demands for additional dowry, harassment, and assault during pregnancy, leading to a criminal case (Complaint No. 1118 of 2024). The parties were referred to mediation, where they reached a settlement recorded on 13 October 2025, and the court observed a three‑month period confirming the restored marital relationship. Considering the mediation outcome and the parties' compliance, the court granted anticipatory bail to the petitioner, subject to adherence to the settlement terms. The bail order required a bond of Rs. 10,000 with two sureties and stipulated that the petitioner be released if arrested within four weeks, provided he complies with the settlement.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 498A after the parties have settled their dispute through mediation.
- Whether the settlement and restored marital relationship affect the petitioner’s liability under the criminal provisions.
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- mediation
- settlement
- criminal procedure
- bail conditions
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24561 of 2025
Arising Out of PS. Case No.-1118 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Om Prakash Kumar S/o Jai Mangal Prasad @ Jay Mangal Prasad Resident of
village - Madhuwaha, Vrit, P.S.- Rajepur, Distt.- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aarti Kumari D/o Rambabu Prasad R/o vill - Madhuwaha Mal, P.S. -
Rajepur, Distt.- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 11-02-2026 1. Heard learned counsel for the petitioner, learned Counsel
for the Opposite Party No. 2 and learned Additional
Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Complaint Case No. 1118 of 2024 for the offences
punishable under Sections 498(A) of the Indian Penal
Code.
3. That the prosecution story, as per the complaint case, is
that the marriage of informant-opposite party no. 2 was
solemnized with the petitioner on 03.05.2021. At the time
of marriage her parents gave cash of Rs. 5,51,000/-,
jewellery worth about Rs. 2 lakhs, other household
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articles and a Hero Honda motorcycle. However, soon
after the accused persons started demanding Alto car as
dowry and due to non-fulfilment of the demand, the
informant was harassed and tortured mentally and
physically. In the meanwhile a son was born out of the
wedlock. During subsequent pregnancy, after getting
knowledge that the foetus was female, medicine was
administered with an intent to terminate pregnancy
resulting in miscarriage. It has further been alleged that
on 06.04.2023 the accused persons assaulted the
informant by means of fists and legs and pressed her neck
and ousted her out of the matrimonial home during
pregnancy and despite birth of her child the accused
persons neither took her back nor provided maintenance.
4. Earlier, the matter was referred to mediation centre by
this Court vide its order, dated 02.09.2025.
5. Learned counsel for the petitioner submits that the
mediation has been successful and both the parties have
resolved their disputes through process of mediation in
accordance with the terms of settlement, mutually arrived
at by the parties, having been recorded in the mediation
report, dated 13.10.2025, passed in Mediation Proceeding
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No. 1284 of 2025. He next submits that vide order, dated
03.11.2025, this court, after considering the mediation
report, granted three months’ time for observation, which
has now been completed. He further submits that cordial
relationship has been restored between both the husband-
petitioner and wife-opposite party no. 2 and they are
living together along with their children.
6. I have heard learned counsel for the parties and have gone
through the materials available on record, including
mediation report.
7. Considering the submissions advanced by the parties and
taking into consideration the terms of settlement arrived
at between them in mediation and in the interest of both
the husband and the wife, I am inclined to grant the
petitioner privilege of anticipatory bail, subject to
condition that the petitioner shall abide by the terms and
condition of the settlement, arrived at and signed by both
the parties in mediation.
8. This application is, accordingly, allowed.
9. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
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bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Judicial Magistrate First Class, Sadar, Motihari, East
Champaran, in connection with Complaint Case No. 1118
of 2024.
(Anil Kumar Sinha, J)
ashwani/-
U T
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