Patna High Court
Sunny Saurav SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
Petitioner Sunny Saurav Singh, fearing arrest in a complaint alleging offences under IPC sections 498A, 323, 379 and 504, applied for anticipatory bail. The parties had amicably settled the dispute through mediation, with the petitioner offering Rs. 17,00,000 in four installments and agreeing to return matrimonial gifts, which the wife (opposite party no.2) accepted. The court noted the settlement documented in a Memorandum of Agreement and the mediator’s report. Considering the settlement, the court granted anticipatory bail, directing the petitioner to furnish 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 of the B.N.S.S., and compliance with the settlement terms. The bail may be cancelled if the petitioner breaches the agreement.
Issues considered
- Whether anticipatory bail should be granted when the parties have reached a settlement through mediation.
- Whether the settlement negates the necessity for custodial proceedings under the pending complaint.
- Applicability of Section 438(2) of the Criminal Procedure Code and Section 482 of the B.N.S.S. in granting anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- mediation
- settlement
- IPC 498A
- IPC 323
- IPC 379
- IPC 504
- Section 438 CrPC
- Section 482 B.N.S.S
- family dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28027 of 2025
Arising Out of PS. Case No.-5930 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Sunny Saurav Singh Son of Laxman Singh @ Lakshman Singh Resident of
at-Opposite Hanuman Mandir, near Mohan Mill, Mohalla Birla Colony, P.S.-
Phulwarisharif, District-Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Priya Singh Wife of Sunny Saurav Singh, D/O Sunil Kumar Singh
Presently residing at - , R/o Sheikhupura, Milky Mohalla, Bailey Road, Post
Office- B.V. College, P.S.- Airport, District-Patna, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr Pranav Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
Mr.Satyapal Singh, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 03-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner, husband of opposite party no. 2,
apprehends his arrest in a complaint case punishable for the
offence under Sections 498A, 323, 379 & 504 of the Indian
Penal Code.
3. At the outset, learned counsel for the petitioner
submits that the dispute between the parties has been settled
amicably through the process of mediation and for this, the
petitioner offered to pay Rs. 17,00,000/- (Rupees seventeen
lakhs) in four installments, as full and final settlement amount.
The petitioner has also agreed to return goods, articles, gold etc.,
given to him at the time of marriage, to opposite party no. 2 and
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opposite party no. 2 has accepted the offer and gave her consent.
4. Learned counsel for the opposite party no. 2 does
not dispute and confirms the fact regarding settlement entered
into between the parties.
5. Here, it is relevant to mention that earlier, with
consent of the parties, the matter was referred to Mediation &
Conciliation Centre of Patna High Court to explore the
possibility of settlement between the parties, which has been
resolved in terms of Memorandum of Agreement annexed with
Mediator’s report.
6. Considering the fact that dispute between the
parties has been resolved, the prayer for anticipatory bail of
petitioner is allowed.
7. Let the petitioner, as named above, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged 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 J.M. 1st Class, Patna in connection with
Complaint Case No. 5930(c) of 2024, subject to condition as
laid down under Section 438(2) of the Cr.P.C. / Section 482 of
the B.N.S.S. with further condition that petitioner shall abide
by all the terms & conditions, mentioned in Memorandum of
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Agreement, failing which, learned Court below shall be at
liberty to cancel the bail-bond of the petitioner.
(Prabhat Kumar Singh, J)
anay
U T
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