Patna High Court
Binod Kumar @ Binod 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 sureties, considering the mediation settlement and invoking Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.
Summary
The petitioner, Binod Kumar Yadav, was charged under IPC Sections 323, 498A and 494 for alleged cruelty and dowry demand against the complainant's daughter. The parties had earlier resolved their dispute through the Court's Mediation Centre, as reflected in the mediation report dated 28‑11‑2025. Both the State’s APP and the complainant’s counsel acknowledged that the dispute appeared settled. The Court considered the settlement and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, ordered 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. The order thus granted bail subject to the stipulated conditions.
Issues considered
- Whether a settlement reached through mediation can justify granting bail in a criminal case involving alleged cruelty and dowry demands.
- Whether Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are applicable for bail in the present complaint.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 494, 498A
Subjects
- dowry harassment
- cruelty
- bail
- mediation settlement
- criminal procedure
- IPC
- Section 438
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28683 of 2025
Arising Out of PS. Case No.-774 Year-2023 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Binod Kumar @ Binod Kumar Yadav Son of Suren Yadav Village- Rahua,
Ward no. 5, Ps- Patarghat (Op Pastpar), Dist- Saharsa
... ... Petitioner
Versus
1. The State of Bihar
2. Nitu Kumari Wife of Binod Kumar Yadav @ Binod Kumar Village- Rahua,
Ward no. 5, Ps- Patarghat (Op Pastpar), Dist- Saharsa
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State duly assisted by learned counsel for the
complainant.
2. The accused-petitioner, named in the complaint, is
apprehending his arrest in connection with Complaint Case
No. 774(C) of 2023 registered for the offences punishable
under Sections 323, 498A, 494 of the Indian Penal Code.
3. The allegation against the petitioner is to commit
cruelty upon the daughter of complainant alongwith other co-
accused/family members due to non-fulfillment of demand of
dowry as raised for a cash of Rs. One Lakh.
Patna High Court CR. MISC. No.28683 of 2025(5) dt.12-01-2026
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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. 1361 of 2025 dated 28.11.2025. 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
learned counsel appearing for the complainant, 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
report dated 28.11.2025, 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
Patna High Court CR. MISC. No.28683 of 2025(5) dt.12-01-2026
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only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate - 1st Class,
Saharsa/concerned court in connection with Complaint Case
No. 774(C) of 2023, 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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