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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the settlement between the parties, the petitioner is entitled to anticipatory bail.

Summary

The petitioner, Pintu Kumar, feared arrest in a criminal case (Karpi PS Case No. 223 of 2023) involving alleged offences under Sections 341, 323, 498(A), 504 and 34 of the IPC. The prosecution alleged that he had tortured and assaulted the victim. The petitioner contended that he was falsely implicated and that the parties had settled their dispute through mediation. The informant’s counsel corroborated the settlement. Considering the settlement, the court allowed the petition for anticipatory bail, directing that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the settlement between the parties
  • Whether a settlement or mediation between the parties bars the prosecution for the alleged offences under the IPC
  • Whether the court may impose bail conditions under Section 438(2) CrPC and Section 482 of the BNSS

Legislation cited

Subjects

  • anticipatory bail
  • settlement
  • mediation
  • IPC offences
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34983 of 2025
                         Arising Out of PS. Case No.-223 Year-2023 Thana- KARPI District- Arwal
                 ======================================================
                 Pintu Kumar S/O Bharat Singh Resident Of Village- Kharasin, PS- Sahar
                 Telpa, Distt-Arwal

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Nisha kumari D/O Mahendra Kumar R/O Village- Karpi,PS-Karpi, Distt-
                 Arwal

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Prasad Singh
                 For the Opposite Party/s :        Mr. Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   17-02-2026                    Heard the parties.

                                   2.         The petitioner apprehends his arrest in

                   connection with Karpi P.S. Case No. 223 of 2023 registered for

                   the offence under Sections 341, 323, 498(A), 504 and 34 of the

                   Indian Penal Code.

                                   3. As per the prosecution case, the petitioner is

                   accused of torturing and assaulting the victim.

                                   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 parties

                   have settled their dispute.

                                   5. Learned counsel for the informant has also
          Patna High Court CR. MISC. No.34983 of 2025(5) dt.17-02-2026
                                                      2/2




                    supported the fact that the parties have settled their disputes in

                    the mediation.

                                    6. Considering the settlement between the parties,

                    this application is allowed.

                                    7. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the Sub-Judicial

                    Magistrate, Arwal/concerned Court below in connection with

                    Karpi P.S. Case No. 223 of 2023, 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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