Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, subject to a bond and conditions under Section 482(2) of the BNSS Act.
Summary
The petitioner, Vivek Kumar, was named in an FIR for offences under Sections 341, 323, 504, 506, 498A, 34 of the IPC and Section ¾ of the Dowry Prohibition Act, arising from a case registered as PS‑Navi Nagar Case No. 132 of 2024. Both parties claimed that the dispute had been amicably settled and they were now living together. The petitioner sought bail, arguing that the settlement removed the need for continued detention. The court considered the settlement, the nature of the offences, and the provisions of Section 482(2) of the Bihar Negotiable Instruments (Special) Act, concluding that bail could be granted while the trial proceeds. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2).
Issues considered
- Whether the petitioner is entitled to bail despite pending charges under multiple IPC sections and the Dowry Prohibition Act
- Whether an amicable settlement between the parties bars the continuation of criminal proceedings
- Whether Section 482(2) of the BNSS Act permits the grant of bail in the present circumstances
Legislation cited
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 34, 341, 498A, 504, 506
Subjects
- bail
- amicable settlement
- criminal procedure
- IPC offences
- Dowry Prohibition Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36361 of 2025
Arising Out of PS. Case No.-132 Year-2024 Thana- NAVINAGAR District- Aurangabad
======================================================
Vivek Kumar S/o Girja Prasad R/o Village- Semartand, PS- Chainpur,
District- Palamu, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anamika Kumari W/o Vivek Kumar R/o vill - Semartand, P.s.- Chainpur,
Distt.- Palamu, Jharkhand, and D/o Late Sanjay Kumar Gupta, C/o Krishna
Saw, R/o Mohall- Mangal Bazar, ward no. 8, P.s.- Nabinagar, Distt.-
Aurangabad, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupa Kumari
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 22-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Navi Nagar
P.S. Case No. 132 of 2024 registered for the offences
punishable under Sections 341, 323, 504, 506, 498A, 34
of IPC and Section ¾ of D.P. Act.
3. It is jointly submitted by learned counsel
appearing on behalf of the petitioner and learned counsel
for the informant that matter between the parties
amicably settled before learned trial court and they are
Patna High Court CR. MISC. No.36361 of 2025(5) dt.22-01-2026
2/2
now living happily together.
4. Considering the submissions that as dispute
and differences amicably settled between the parties,
accordingly petitioner above-named, in the event of his
arrest or surrender before the court below within a period
of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of the learned CJM, Aurangabad
/concerned Court, where the case is pending in
connection with Navi Nagar P.S. Case No. 132 of 2024,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U
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