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Patna High Court

Amrish Kumar TripathyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the conditions prescribed under the Cr.P.C. and the Bhartiya Nagarik Suraksha Sanhita.

Summary

Amrish Kumar Tripathy was named in an FIR for alleged cruelty and dowry harassment under Section 85 of the Bhartiya Nyay Sanhita, 2023 and Section 4 of the Dowry Prohibition Act. The petitioner contended that the allegations were vague and that he and the complainant, Paridhi, had resolved their dispute through a joint compromise petition filed on 22‑11‑2025. The State, represented by the APP, accepted that the parties had settled the matter. The court, noting the settlement, directed 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. Bail was conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail can be granted in a case involving alleged cruelty and dowry harassment when the parties have reached a settlement

Legislation cited

Subjects

  • dowry
  • cruelty
  • bail
  • settlement
  • compromise
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32401 of 2025
                    Arising Out of PS. Case No.-190 Year-2025 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Amrish Kumar Tripathy Son of Ashok Kumar Tripathy Resident of Village-
                 Belauti, Police Station- Sahpur, District- Bhojpur. At present Sankat Mochan
                 Nagar, New police Line, Ara, P.S.- Ara Nawada, District- Bhojpur.
                                                                                ... ... Petitioner
                                                     Versus
           1.     The State of Bihar
           2.     Paridhi W/o Amrish Kumar Tripathy, Daughter of Binod Mishra Resident of
                  Muhalla- Sankat Mochan Nagar, New police Line, Ara, P.S.- Ara Nawada,
                  District- Bhojpur.
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr.Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   15-01-2026               Heard learned counsel for the petitioner and learned

                   APP for the State duly assisted by learned counsel for the

                   informant.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Ara Nawada P.S.

                   Case No. 190 of 2025 registered for the offences punishable

                   under Section 85 of the Bhartiya Nyay Sanhita, 2023 (in

                   short, the ‘B.N.S.’), Section 4 of the Dowry Prohibition Act.

                             3. The allegation against the petitioner is to commit

                   cruelty upon the daughter of informant alongwith other co-

                   accused/family members due to non-fulfillment of demand of
Patna High Court CR. MISC. No.32401 of 2025(7) dt.15-01-2026
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          dowry.

                   4. Learned counsel appearing on behalf of the

          petitioner submitted that allegation leveled against the

          petitioner is general and omnibus qua alleged cruelty.

                   5. It is submitted by learned counsel that opposite

          party no. 2 and the petitioner have settled their dispute and

          differences, after intervention of their relatives and well-

          wishers, through joint compromise petition filed before the

          learned trial court on 22.11.2025.

                   6. Learned A.P.P. for the State duly assisted by

          learned counsel appearing for the informant, affirmed the

          aforesaid submission that now the dispute and differences

          between the parties appears compromised.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as parties have settled their dispute

          and differences as raised through FIR, 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 only) with two sureties of the like amount each
           Patna High Court CR. MISC. No.32401 of 2025(7) dt.15-01-2026
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                     to the satisfaction of learned Chief Judicial Magistrate,

                     Bhojpur, Ara/concerned court in connection with Ara Nawada

                     P.S. Case No. 190 of 2025, 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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