Patna High Court
Kumod RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond, sureties, and adherence to the mediation settlement terms.
Summary
The petitioner, Kumod Rajak, sought anticipatory bail in a complaint alleging dowry harassment, assault, theft, and criminal intimidation under various IPC sections and the Dowry Prohibition Act. The prosecution alleged that the petitioner, dissatisfied with a Rs. 50,000 dowry demand, drove the complainant out of the matrimonial home and had an illicit relationship with his sister‑in‑law. The petitioner contended he was innocent, highlighted a long marital relationship, and filed a restitution of conjugal rights case under the Hindu Marriage Act, asserting a genuine desire to resume marital life. The matter had been referred to mediation, resulting in an amicable settlement signed by both parties on 28‑11‑2025. Considering the settlement and lack of substantive evidence, the court granted anticipatory bail subject to a bail bond, sureties, and compliance with the mediation terms under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the pending dowry and related criminal allegations.
- Whether the mediation settlement between the husband and wife negates the necessity of custodial arrest.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 9
- Indian Penal Code — s. 323, 324, 341, 379, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- mediation settlement
- criminal procedure
- Section 482
- marital dispute
- restoration of conjugal rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35654 of 2025
Arising Out of PS. Case No.-148 Year-2023 Thana- SAHARSA COMPLAINT CASE Dis-
trict- Saharsa
======================================================
Kumod Rajak S/O Tarni Rajak R/O Vill.- Parminiya, Ward no. 3, P.s.- Son-
barsa Kachahari, Dist.- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Rinku Devi W/O Kumodd Rajak R/O Vill.- Bagaiva Pipra, P.s.- Salkhua,
Dist.- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
7 07-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 148 / 2023 dated 13.02.2023 registered for
the offence punishable under Section 341, 323, 324, 379, 504,
498(A) 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
complainant was solemnized with the petitioner fifteen years
ago as per Hindu rites and rituals. It is alleged that due to non
fulfillment of demand of Rs. 50,000/- as dowry, the petitioner
along with other family members drove out the complainant
from matrimonial home. It is also alleged that the petitioner has
Patna High Court CR. MISC. No.35654 of 2025(7) dt.07-04-2026
2/3
illicit relationship with his ‘bhabhi’ (sister-in-law) .
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 from the own version and admission of the
complainant / opposite party no. 2 it is evident that she contin-
ued to reside in the matrimonial home peacefully and shared a
long marital relationship with the petitioner during which three
sons and one daughter were born. The petitioner has already
filed M.M. Case No. 3 / 2024 under Section 9 of the Hindu Mar-
riage Act for restitution of conjugal rights indicating his sincere
intent to resume marital life. There is general and omnibus alle-
gation 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 03.09.2025 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 28.11.2025.
6. Learned counsel for opposite party no. 2 supports the
argument of learned counsel for the petitioner regarding amica-
Patna High Court CR. MISC. No.35654 of 2025(7) dt.07-04-2026
3/3
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
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 28.11.2025.
8. Let the petitioner, above named, 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 J.M. 1 st Class,
Saharsa in connection with Complaint Case No. 148 / 2023
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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