Patna High Court
Guddu Giri @ Guddu Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to stipulated conditions.
Summary
Guddu Giri sought anticipatory bail after a complaint (No. 1791/2020) alleged he committed offences under IPC sections 323, 341, 504, 379, 354, 498A/34 and the Dowry Prohibition Act (sections 3 and 4). The prosecution claimed he subjected his wife to cruelty and ousted her for refusing a dowry demand. The petitioner denied the allegations, stating the marriage lasted only a month before his wife returned to her parental home and that the charges were baseless. The court had earlier ordered mediation, and on 31 March 2026 the parties executed an amicable settlement, which both sides endorsed. Relying on the compromise and the provisions of Section 482(2) of the B.N.S.S. 2023, the court granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and compliance with the mediation terms.
Issues considered
- Whether anticipatory bail can be granted in a pending dowry harassment and related criminal complaint.
- Whether a mediation‑based settlement between the parties bars the grant of anticipatory bail.
- Whether Section 482(2) of the B.N.S.S. 2023 authorises the court to discharge the petitioner on bail pending investigation.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 354, 379, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- mediation
- compromise settlement
- Section 482
- Indian Penal Code
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35294 of 2025
Arising Out of PS. Case No.-1791 Year-2020 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Guddu Giri @ Guddu Kumar Giri S/o Chandeshwar Giri R/o vill - Yadupatti,
P.S.- Pupri Now Choraut, Distt.- Sitamadhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Archana Kumari W/o Guddu Giri R/o vill - Yadupatti, P.S.- Pupri, Distt.-
Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Manoj
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 07-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 1791 / 2020 dated 02.09.2020 registered
for the offence punishable under Section 323, 341, 504, 379,
354, 498 A / 34 of the I.P.C. and Section 3 / 4 of the Dowry
Prohibition Act.
3. The prosecution case in short is that marriage of the com-
plainant was solemnized with the petitioner on 07.05.2018 as
per Hindu rites and rituals. It is alleged that due to non fulfill-
ment of demand of a motorcycle in dowry, the complainant was
subjected to cruelty and tortured both mentally and physically
and lastly, on 18.07.2020 the complainant was ousted from her
Patna High Court CR. MISC. No.35294 of 2025(6) dt.07-04-2026
2/3
matrimonial home.
4. Learned counsel for the petitioner submits that petitioner is
innocent and has falsely been implicated in this case inasmuch
as he has not committed any offence in the manner alleged. He
further submits that just one month after the marriage the oppo-
site party no. 2 returned to her ‘maika’ and never came back
even after much persuasion by the petitioner. The petitioner is
earning his livelihood by working as a labourer. There is general
and omnibus allegation against all the accused persons without
any substance in the same.
5. Learned counsel next submits that the matter was sent for
mediation by this Court vide order dated 15.01.2026 and final
mediation report is on record (flag- ‘M’). From perusal of the
same it appears that both husband and wife arrived at amicable
settlement and have jointly signed the agreement containing
terms and conditions of compromise on 31.03.2026.
6. Learned counsel for opposite party no. 2 supports the
argument of learned counsel for the petitioner regarding amica-
ble settlement arrived at between the parties through the process
of mediation.
7. Considering the fact that the matter has been compromised
and both husband and wife has arrived at amicable settlement
Patna High Court CR. MISC. No.35294 of 2025(6) dt.07-04-2026
3/3
before the learned Mediator and mediation report has been
submitted by the learned Mediator having the terms and
conditions of compromise, I am inclined to grant the petitioner
privilege of anticipatory bail subject to the condition that the
parties shall abide by the terms and conditions entered into
between them before the learned Mediator mentioned in the
mediation report dated 31.03.2026.
8. Let the petitioner in the event of his arrest / surrender
before the learned court below within a period of six weeks
from today be released on anticipatory bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned SDJM, East, Muzaf-
farpur in connection with Complaint Case No. 1791 / 2020
subject to the condition as laid down under Section 482(2) of
the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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