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Patna High Court

Tanveer Hasan @ TamannaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-

U         T


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