Patna High Court
RAUSHAN KUMAR SAH @ RAUSHAN KUMAR @ MITHILESH SAH @ MITHILESH KUMAR SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties and compliance with the conditions of Section 438(2) CrPC and Section 482 CrPC.
Summary
Petitioner Raushan Kumar Sah was accused in a complaint under IPC sections 498A, 323, 504 and the Dowry Prohibition Act for demanding dowry and assaulting the complainant. He contended that the allegations were false and that the dispute had been resolved through a one‑time settlement reflected in a district mediation report. The petitioner applied for anticipatory bail to avoid arrest. The Court, after considering the settlement and the petitioner's claim of innocence, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with the conditions of Section 438(2) of the CrPC and Section 482. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted in a case where the parties have reached a settlement.
- Whether the settlement bar the prosecution under IPC 498A, 323, 504 and the Dowry Prohibition Act.
- Whether the conditions of Section 438(2) CrPC and Section 482 CrPC are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- settlement
- mediation
- Criminal Procedure Code
- IPC 498A
- assault
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33376 of 2023
Arising Out of PS. Case No.-1159 Year-2021 Thana- COMPLAINT CASE District- Banka
======================================================
RAUSHAN KUMAR SAH @ RAUSHAN KUMAR @ MITHILESH SAH
@ MITHILESH KUMAR SAH son of Shiv Narayan Sah Village- Kalyanpur
Ps- Bariyarpur Dist- Munger
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rambha Devi wife of Raushan Kumar Sah @ Raushan Kumar @ Mithilesh
Sah @ Mithilesh Kumar Sah Village- Krishnadih Ps Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 1159 of 2021 registered
for the offence under Section 498(A), 323, 504 of the Indian
Penal Code and under Section ¾ of the D.P. Act.
3. As per the prosecution case, the petitioner is
accused in a case of demanding dowry and assaulting the
opposite party no. 02 upon non-fulfillment of the same.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the matter
Patna High Court CR. MISC. No.33376 of 2023(4) dt.09-02-2026
2/2
has already been settled between the parties by way of one time
settlement which is clear from the District Mediation Report,
Banka.
5. Considering the settlement between the parties,
this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest, be released on anticipatory bail upon furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the jurisdictional
investigating officer in connection with Complaint Case No.
1159 of 2021, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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