Patna High Court
Md. RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed, granting release on bail subject to the stipulated conditions.
Summary
The petitioner, Md. Raj, feared arrest in a criminal case (Pranpur P.S. Case No. 13 of 2025) filed under several sections of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. A mediation report from the Patna High Court Mediation Centre indicated that the parties had amicably settled the dispute. The petitioner applied for bail, arguing that the settlement removed the need for continued detention. The Court, noting the amicable settlement, allowed the bail application. It ordered that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether bail can be granted in a case where the parties have reached an amicable settlement through mediation
- Whether Section 482 of the Bharatiya Nyaya Sanhita and Section 438(2) of the Code of Criminal Procedure empower the Court to release the petitioner on bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 482, 85, 89
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- bail
- mediation settlement
- criminal procedure
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- Section 482
- Section 438
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33830 of 2025
Arising Out of PS. Case No.-13 Year-2025 Thana- PRANPUR District- Katihar
======================================================
Md. Raj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Musowir, Advocate
For the State : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Pranpur P.S. Case No. 13 of2025 instituted under Sections
126(2), 115(2), 85, 89, 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita and Section 3/4 of the Dowry Prohibition Act.
3. A mediation report has been received from the
Patna High Court Mediation Centre in which both the parties
have amicably settled their disputes.
4. Considering the fact that the matter has been
amicably settled between the parties, this application is
allowed.
5. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
Patna High Court CR. MISC. No.33830 of 2025(5) dt.17-02-2026
2/2
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Katihar, District- Katihar in connection
with Pranpur P.S. Case No. 13 of 2025, subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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