Patna High Court
RAJEEV KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions, considering the settlement agreement and the pending divorce petition.
Summary
The petitioner, Rajeev Kumar, sought anticipatory bail in a criminal complaint (No. 1385 of 2023) filed under Section 498A IPC relating to matrimonial discord with his wife, Kiran Devi. The prosecution alleged his involvement in the alleged offence, while the petitioner claimed innocence and presented a mediation settlement agreement wherein he would pay Rs.3 lakh in three installments, file a mutual divorce under Section 13B of the Hindu Marriage Act, and withdraw all pending civil and criminal cases. The court examined whether the settlement and the conditions stipulated could justify granting anticipatory bail. Relying on Section 482(2) of the CrPC and the fact that the parties had resolved their dispute, the court allowed the petition for anticipatory bail, subject to the furnishing of bail bonds and sureties. The order directed that the petitioner be released on anticipatory bail if arrested within four weeks, upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 498A IPC where the parties have reached a settlement agreement.
- Whether the settlement agreement and the pending mutual divorce petition affect the discretion of the court under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Hindu Marriage Act, 1955 — s. 13B
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A IPC
- mediation settlement
- mutual divorce
- Section 13B Hindu Marriage Act
- CrPC Section 482
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40754 of 2025
Arising Out of PS. Case No.-1385 Year-2023 Thana- COMPLAINT CASE District- Araria
======================================================
Rajeev Kumar Son of Birendra Bishwas Resident of Village - Gangaili, Ward
No.- 6, Police Station - Jalalgarh, District - Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kiran Devi Wife of Rajeev Kumar Resident of Village - Gangaili, Ward No.-
6, Police Station - Jalalgarh, District - Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti
For the Opposite Party/s : Mr. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 18-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State, however, none appears for the O.P. No. 2.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 1385(C) of 2023 registered for offences
under Section 498(A) of the I.P.C.
3. As per the prosecution case, the petitioner is the
husband of O.P. No. 2 and the dispute relates to the matrimonial
discord between them.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and he has falsely been implicated in
this case. Learned counsel submits that the parties have settled
the dispute and the memorandum of agreement has been signed.
The memorandum of agreement reads as follows:-
Patna High Court CR. MISC. No.40754 of 2025(3) dt.18-06-2026
2/4
“Both the parties appeared in the
Mediation Proceeding along with their
Advocates and ready to resolve the dispute
through the Mediation Proceeding on the
following terms and conditions:-
1. That after great persuasion, both the
parties agreed to live separately and for this, the
petitioner (Rajeev Kumar) offered to pay
Rs.3,00,000/- (Rupees Three Lakh Only) as full
and final settlement amount to the O.P. No. 2
(Kiran Devi). O.P. No. 2 accepted the offer and
gave her consent.
2. That the husband/petitioner agreed to
pay the aforesaid settlement amount of
Rs.3,00,000/- (Rupees Three Lakh Only) in three
installment in following manner:-
(A) The petitioner (Rajeev Kumar)
shall pay first installment of Rs.1,00,000/-
(Rupees One Lakh Only) at the time of
furnishing bail bonds before the learned Court
below.
(B) The second installment of
Rs.1,00,000/- (Rupees One Lakh Only) shall be
paid at the time of filing of divorce petition u/s
13(B) of Hindu Marriage Act and withdrawal of
present Case Araria Complaint Case No.1385 of
2023 before the concerned Court, Araria and
withdrawal of Maintenance Case pending
before appropriate Learned Court below.
(C) The third installment of
Rs.1,00,000/- (Rupees One Lakh Only) shall be
paid at the time of passing of order in the
Patna High Court CR. MISC. No.40754 of 2025(3) dt.18-06-2026
3/4
aforesaid cases by the learned Court below.
The payment shall be made through
Bank Draft/RTGS/ issued in the name of O.P.
No. 2, namely, Kiran Devi.
3. That both the parties have agreed to
file, the mutual divorce petition in terms of
Section 13(B) of the Hindu Marriage Act, before
the learned Principal Judge, Family Court,
Araria within two weeks after disposal of the
Criminal Miscellaneous No.40754 of 2025.
4. That both the parties have further
agreed to withdraw respective cases
Civil/Criminal in nature filed against each other
in the light of settlement of dispute soon after
filing of the mutual divorce petition.
5. This settlement shall be full and final
settlement and no party shall claim in future
against each other, in any manner.
6. That both the parties agreed to file
mutual consent divorce case u/s 13(B) of Hindu
Marriage Act, 1955, before the learned
Principal Judge, Family Court, Araria as
mentioned above and after that both the parties
are free to lead their life as per their own will.
7. That the above contents of the
agreement have been read over and explained to
us in Hindi which are/have fully understood and
accepted there upon.
8. That in the above terms and
conditions, the present settlement has been
arrived at between the parties and both parties
have signed in presence of their learned
Patna High Court CR. MISC. No.40754 of 2025(3) dt.18-06-2026
4/4
counsels, who have also put their signature on
this agreement.”
5. In view of the above, the prayer for anticipatory
bail is allowed.
6. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Court below where the case is pending/successor Court in
connection with Complaint Case No. 1385(C) of 2023, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Sandeep Kumar, J)
sadique/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.