Patna High Court

Barkat Ali @ Md. Barkat AliversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail may be granted conditionally when the parties have settled the dispute through mediation, subject to statutory conditions.

Summary

The petitioner, Barkat Ali, was accused under Section 498A of the IPC for alleged mental and physical cruelty related to a dowry demand of Rs. two lakh. The complainant, his wife Nisha, filed the criminal case (C.A. No. 2511 of 2018). Both parties later settled the dispute through a mediation proceeding before the Patna High Court, documented in Mediation Proceeding No. 1241/2025 dated 14-10-2025. The court, noting the settlement, directed that the petitioner be released on bail if he surrenders within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties. Bail was conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order effectively granted conditional bail pending further proceedings.

Issues considered

Whether a settlement through mediation can justify granting bail in a pending Section 498A case
Applicability of Section 438(2) Cr.P.C. for bail in cases of alleged dowry harassment
Relevance of Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita in granting bail

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 498A

Subjects

dowry harassment
Section 498A
bail
mediation
Criminal Procedure Code
Bhartiya Nagarik Suraksha Sanhita

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.36223 of 2025
                    Arising Out of PS. Case No.-2511 Year-2018 Thana- KATIHAR COMPLAINT CASE
                                                     District- Katihar
                 ======================================================
              Barkat Ali @ Md. Barkat Ali Son of Md. Azad Resident of village-
              Baganiya Harnaagar PS- Ajamnagar District -Katihar
                                                                 ... ... Petitioner
                                           Versus
           1. The State of Bihar
           2.    Makehtun Nisha Wife of Barkat Ali @ Md. Barkat Ali village-
                 Sikatiya Bairiya, Ps- Ajamnagar, Dist- Katihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bimal Kumar, Advocate
                 For the Opposite Party/s :        Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   21-01-2026                 Heard learned counsel for the petitioner and learned APP

                   for the State.

                               2. The accused-petitioner, named in the complaint petition,

                   is apprehending his arrest in connection with C.A. Case No. 2511

                   of 2018 registered for the offences punishable under Sections

                   498A of the Indian Penal Code.

                               3. The allegation against the petitioner is to commit mental

                   and physical cruelty upon the complainant/O.P. No.2 due to non-

                   fulfillment of demand of dowry as raised for a cash of Rs. Two

                   Lakhs.

                               4. It is submitted by learned counsel appearing on behalf

                   of    the     petitioner   as    well   as   learned    counsel   for   the
           Patna High Court CR. MISC. No.36223 of 2025(7) dt.21-01-2026
                                                       2/2




                     complainant/O.P. No.2 that the matter between the parties has

                     already settled by Mediation Centre of Patna High Court through

                     Mediation Proceeding No. 1241/2025 dated 14.10.2025, which

                     was duly signed by the parties.

                              5. In view of the aforesaid factual submissions and by

                     taking note of the fact as the dispute and differences between the

                     parties appears settled in view of aforementioned mediation

                     proceeding, accordingly, above-named petitioner, in the event of

                     his arrest/surrender within a period of four weeks from this order,

                     is directed to be enlarged on bail on furnishing of bail bond of

                     Rs.10,000/- (ten thousand only) with two sureties of the like

                     amount each to the satisfaction of learned Additional Chief Judicial

                     Magistrate-VI, Katihar/concerned court in connection with C.A.

                     Case No. 2511 of 2018, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T

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