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Patna High Court

Guddu Giri @ Guddu Kumar GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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