Patna High Court
Ajit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, subject to a bail bond and surrender within four weeks, relying on the mediation settlement and applicable bail provisions.
Summary
The petitioner, Ajit Kumar Yadav, was arrested in connection with a case alleging cruelty, dowry demand, and the illegal dissemination of a private video, invoking sections of the Bhartiya Nyay Sanhita, Dowry Prohibition Act and the Information Technology Act. The petitioner contended that the allegations were vague and that the dispute had already been resolved through a court‑ordered mediation, as evidenced by the mediation report dated 08.01.2026. The State and the informant’s counsel accepted that the parties appeared to have settled their differences. The Court, noting the mediation settlement, directed that the petitioner be released on bail if he surrenders within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order effectively granted bail pending further proceedings.
Issues considered
- Whether the settlement of the civil dispute through mediation warrants the grant of bail in the pending criminal case.
- Whether the allegations under the Bhartiya Nyay Sanhita, Dowry Prohibition Act and IT Act constitute cognizable offences justifying continued detention.
- Whether Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. empower the Court to condition bail on surrender within a specified period.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 3(5), 351(2), 351(3), 352, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Information Technology Act — s. 66
Subjects
- bail
- dowry prohibition
- cruelty
- mediation
- criminal procedure
- Bhartiya Nyay Sanhita
- Information Technology Act
- settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25691 of 2025
Arising Out of PS. Case No.-129 Year-2024 Thana- MALI District- Aurangabad
======================================================
Ajit Kumar Yadav S/o- Yogindra Yadav @ Yogendra Yadav @ Yogendra
Prasad Yadav Village- Tilharwa Ps- Chhatarpur Dist- Palamu Jharkhand
... ... Petitioner
Versus
1. The State of Bihar
2. Birendra Yadav S/o- Kameshwar Yadav R/o- Bel Bigha Ps- Mali Dist-
Aurangabad
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari, Advocate
For the State : Mr.Pawan Kumar Chaurasia, APP
For the Informant : Mr.Kamlendra Pd. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State duly assisted by learned counsel for the
informant.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Mali P.S. Case No.
129 of 2024, G.R. No. 2192/2024 registered for the offences
punishable under Sections 85, 352, 351(2), 351(3), 3(5) of
the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’),
Section ¾ of the Dowry Prohibition Act and section 66 of the
Information Technology Act.
3. The allegation against the petitioner is to commit
cruelty upon the daughter of informant alongwith other co-
Patna High Court CR. MISC. No.25691 of 2025(6) dt.12-01-2026
2/3
accused/family members due to non-fulfillment of demand of
dowry as raised for a cash of Rs. Two Lakhs. It is also alleged
that the petitioner has made viral the private video of the
daughter of informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that allegation leveled against the
petitioner is general and omnibus qua alleged cruelty. It is
pointed out that the matter was referred to Mediation Centre
of this Hon’ble Court, where dispute and differences between
the parties has already settled in terms of the report of
mediation proceeding No. 1450 of 2025 dated 08.01.2026. It
is submitted that terms and agreement between the parties
duly signed by them.
5. Learned A.P.P. for the State duly assisted by Mr.
Kamlendra Pd. Singh, learned counsel appearing for the
informant, affirmed the aforesaid submission that now the
dispute and differences between the parties appears settled.
6. In view of the aforesaid factual submissions and by
taking note of the fact as the dispute and differences between
the parties appears settled in terms of aforesaid mediator’s
Patna High Court CR. MISC. No.25691 of 2025(6) dt.12-01-2026
3/3
report dated 08.01.2026, 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 Magistrate,
Aurangabad/concerned court in connection with Mali P.S.
Case No. 129 of 2024, G.R. No. 2192/2024, subject to the
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.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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