Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 34, 341, 498A, 504
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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