Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner subject to bond and surety conditions, considering the mediation settlement.
Summary
Anand Kumar was named in a criminal complaint (Case No.467 of 2024) for alleged cruelty, assault, criminal breach of trust and dowry harassment under IPC sections 341, 323, 498‑A, 406 and Section 7 of the Dowry Prohibition Act. The petitioner claimed that the dispute was resolved through a court‑sanctioned mediation, producing a mediation report dated 09‑12‑2025 and a payment of Rs 4 lakh to the complainant, along with an agreement to return vehicle documents. The State and the complainant’s counsel were present, and the court examined whether the settlement extinguished the criminal liability or the need for arrest. Relying on the mediation settlement, the court held that bail could be granted, subject to a bond of Rs 10,000 and two sureties, provided the petitioner surrenders within four weeks. The bail was ordered under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Can a mediation settlement bar the issuance of an arrest warrant in a pending criminal case?
- Whether bail may be granted under Section 438(2) Cr.P.C. and Section 482(2) BNSS despite the seriousness of the alleged offences?
- Effect of the payment of dowry demand on the applicability of IPC and Dowry Prohibition Act provisions.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 7
- Indian Penal Code — s. 323, 341, 406, 498-A
Subjects
- bail
- mediation
- dowry harassment
- criminal cruelty
- IPC
- Dowry Prohibition Act
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34219 of 2025
Arising Out of PS. Case No.-467 Year-2024 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Anand Kumar S/O Birendra Kumar R/O Village- Hatiya Gachhi, Ward No.
31, P.S- Saharsa, Distt.- Saharsa.
... ... Petitioner
Versus
1. The State of Bihar
2. Puja Bharti W/O Anand Kumar, D/O Ram Kumar Bhaskar R/O Village-
Andauli, Ward No. 1, Bakhri, P.S- Saur Bazar, Distt.- Saharsa, Bihar.
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Abu Nasar, Advocate
For the State : Mr.Anil Kumar Singh No.1, APP
For the O.P.No.2: Mr.Pawan Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 12-01-2026 Heard learned counsel for the petitioner and
learned APP for the State duly assisted by learned
counsel for the complainant/O.P. No.2.
2. The accused-petitioner, named in the
complaint, is apprehending his arrest in connection
with Complaint Case No. 467 of 2024 for the
offences punishable under Sections 341, 323, 498-
A, 406 of the Indian Penal Code and Section ¾ of
the Dowry Prohibition Act.
3. The allegation against the petitioner is to
commit cruelty upon the complainant/O.P. No.2
alongwith other family members/co-accused due to
Patna High Court CR. MISC. No.34219 of 2025(4) dt.12-01-2026
2/3
non-fulfillment of demand of dowry as raised for a
cash of Rs. 10 Lakhs.
4. Learned counsel appearing on behalf of
the petitioner submitted that with consent of the
parties the matter was referred to the mediation
centre of this Hon’ble Court which was settled
between the parties in terms of Mediation report
dated 09.12.2025 passed in Mediation Proceeding
No. 1486 of 2025.
5. It is submitted that a demand draft of Rs.
Four Lakhs was handed over to learned counsel
appearing for the complainant/O.P. No.2 in terms of
mediation agreement today itself. Receipt of the
same was submitted across the board which was
taken on record. It is pointed out that the petitioner
is ready to return the documents of the vehicle to
the complainant/O.P. No.2.
6. Learned A.P.P. for the State duly assisted
by learned counsel appearing for the
complainant/O.P. No.2 are present.
7. In view of the aforesaid factual
submissions and by taking note of the fact as
Patna High Court CR. MISC. No.34219 of 2025(4) dt.12-01-2026
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dispute and differences between the parties now
appears settled through mediation proceeding, as
discussed aforesaid, 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 to the satisfaction
of learned J.M.-SC, Saharsa/concerned court in
connection with Complaint Case No. 467 of 2024,
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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