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Patna High Court

Md. RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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