Patna High Court

GAFFAR ANSARIversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail is granted subject to compliance with the mediation compromise and the stipulated bail bond conditions.

Summary

The petitioner, Gaffar Ansari, sought anticipatory bail in a criminal complaint alleging offences under IPC sections 323, 498A, 34 and Section 4 of the Dowry Prohibition Act. The High Court had earlier ordered mediation, resulting in a compromise between the husband and wife, documented in a mediation report dated 09.01.2026. Both parties, including the second opposite party, supported the compromise. The Court, noting the settlement, granted anticipatory bail on the condition that the petitioner adheres to the terms of the mediation report, furnishes a bail bond of Rs.10,000 with two sureties, and complies with the provisions of Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The application for anticipatory bail was allowed.

Issues considered

Whether anticipatory bail can be granted when the matter has been compromised through mediation.
Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS, 2023 are appropriate in the grant of anticipatory bail.
Whether the offences alleged under IPC 323, 498A, 34 and Dowry Prohibition Act can be stayed pending trial on account of the compromise.

Legislation cited

BNSS, 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)
Dowry Prohibition Act — s. 4
Indian Penal Code — s. 323, 34, 498A

Subjects

anticipatory bail
mediation
compromise
IPC 498A
dowry prohibition
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27260 of 2025
                  Arising Out of PS. Case No.-2843 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
                                                 District- West Champaran
                 ======================================================
                 GAFFAR ANSARI S/O ZUMADIN MIAN R/O VILLAGE- BIJBANIYA,
                 POLICE STATION- SIRISIYA, DISTRICT- WEST CHAMPARAN
                                                               ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Nagma Khatoon D/o Rahman Ansari R/o vill - Bijbaniya, P.S.- Sirisiya,
                  Distt.- West Chmaparan
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sarvesh Kashyap, Adv.
                 For the Opposite Party/s :    Mr. Manoj Kumar, App.
                 For the O.P. No. 2       :    Mr. Bimlesh Kumar Pandey, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
6   11-02-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Cri. Complaint (P) Case no. 2843 ( C ) of 2023,

                   disclosing offences under Sections 323, 498(A) and 34 of the

                   Indian Penal Code and Section 4 of the Dowry Prohibition Act.

                                   3. Learned counsel for the petitioner submits that

                   the case was sent for mediation by this court, vide order, dated

                   03.09.2025, and in the mediation between the husband and wife,

                   the case has been compromised, and a final mediation report has

                   been prepared and signed by both petitioner and O.P. No. 2 on

                   09.01.2026.

                                   4. Learned counsel for the O.P. No. 2 supports the
          Patna High Court CR. MISC. No.27260 of 2025(6) dt.11-02-2026
                                                      2/2




                    argument of learned counsel for the petitioner.

                                    5. Considering the fact that the matter has been

                    compromised between husband and the wife, and a mediation

                    report has been submitted by the learned Mediator having terms

                    and conditions of compromise, I am inclined to grant the

                    petitioner privilege of anticipatory bail subject to the condition

                    that the petitioner shall follow the terms and conditions of

                    compromise         mentioned       in    the    mediation   report   dated

                    09.01.2026.

                                    6. This application is, accordingly, allowed.

                                    7. Let the petitioner, above named, in the event of

                    his arrest or surrender before the Court below within four

                    weeks, be released 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 Cri.

                    Complaint (P) Case no. 2843 ( C ) of 2023, subject to the

                    condition laid down under Section 438 (2) of the Code of

                    Criminal Procedure/Section 482(2) of the BNSS, 2023.


                                             (Anil Kumar Sinha, J)
HarshPandey/-
U      T

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