Patna High Court
Tanveer Hasan @ TamannaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under its inherent powers.
Summary
The petitioner, Tanveer Hasan (aka Tamanna), husband of the complainant, feared arrest in a 2016 complaint under Section 498A IPC. He contended that the same complainant had earlier filed a separate case (Bachhwara PS Case No. 67 of 2018) in which the parties reached a one‑time monetary settlement and the petitioner was granted anticipatory bail on 25‑April‑2019. He argued that the prior settlement and bail order should preclude his arrest in the earlier case. The State opposed the bail but could not rebut the claim of settlement. Relying on the earlier bail order and the principle of settlement, the High Court exercised its inherent powers under Section 482(2) of the CrPC and granted anticipatory bail to the petitioner subject to bond and surety conditions.
Issues considered
- Whether anticipatory bail should be granted in the 2016 complaint under Section 498A IPC in view of a prior settlement and earlier anticipatory bail in a different case.
- Whether the existence of a one‑time settlement between the parties bars the petitioner’s arrest.
- Whether the High Court can invoke its inherent powers under Section 482 CrPC to grant anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 379, 494, 498A, 506
Subjects
- anticipatory bail
- Section 498A IPC
- Dowry Prohibition Act
- settlement
- inherent powers
- Section 482 CrPC
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29490 of 2026
Arising Out of PS. Case No.-1210 Year-2016 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Tanveer Hasan @ Tamanna S/O Abdul Salam R/O Vill.- Bahrampur, P.S.-
Bachhwara, Dist.- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shahin Pravin W/O Tanveer Hasan @ Tamanna R/O Vill.- Bahrampur
Khairat, P.S.- Bachhwara, Dist.- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
Mr. Manoj Kumar, Adv
Mr. Ashok Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 02-07-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the OP No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 498A of
the IPC.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case but then the said case was
also instituted by the instant complainant, i.e., OP No. 2, who is
his wife. It is next submitted that petitioner being husband has
been falsely implicated in the instant case by the informant. It is
Patna High Court CR. MISC. No.29490 of 2026(3) dt.02-07-2026
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further submitted that during pendency of the instant case, the
OP No. 2 herein filed Bachhwara PS Case No. 67 of 2018 under
Sections 341, 323, 379, 498A, 494, 506 and 34 of the IPC read
with Sections 3 and 4 of Dowry Prohibition Act. It is also
submitted that in Bachhwara PS Case No. 67 of 2018, the
petitioner had moved before the court of learned Sessions Judge,
Begusarai seeking anticipatory bail and the same came to be
allowed by an order dated 25-4-2019. It is next submitted that
from perusal of the order dated 25-4-2019 annexed as
Annexure-1 to the anticipatory bail application, it would
manifest that the same records – petitioner is husband of the
informant and one time settlement between the parties have
been accorded on payment of certain amount and that amount
has been paid. It is thus submitted that in the said case, one time
settlement was arrived at and the same was paid. Learned
counsel also submits that the instant complaint case was
instituted prior to the aforesaid Bachhwara PS Case No. 67 of
2018. It is next submitted that once OP No. 2 in Bachhwara PS
Case No. 67 of 2018 agreed for a one time settlement, whether it
would be prudent for the court to send the petitioner to jail
based on a complaint which was instituted prior to Bachhwara
PS Case No. 67 of 2018.
Patna High Court CR. MISC. No.29490 of 2026(3) dt.02-07-2026
3/3
4. Learned A.P.P. for the State and learned counsel
appearing on behalf of the OP NO. 2 opposes the prayer for
anticipatory bail of the petitioner, but then are not in a position
to rebut the submission made by learned counsel appearing on
behalf of the petitioner that based on order dated 25-4-2019 in
ABA No. 819 of 2019 passed by learned Sessions Judge,
Begusarai, the petitioner was granted anticipatory bail on the
ground that one time settlement was arrived at in between the
parties.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Complaint Case No. 1210C of 2016 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
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