Patna High Court
Arbind Kumar Choudhary @ Arbind ChoudharyversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail be granted to the petitioner subject to a bail bond, sureties and compliance with the mediation agreement and statutory conditions.
Summary
Arbind Kumar Choudhary applied for bail in a criminal case (PS Kahalgaon No.147 of 2020) where he faced charges under IPC sections 341, 323, 498A, 504 and 34. The petitioner claimed that the dispute with his wife, Sonam Devi, had been amicably settled through mediation, and both parties agreed to resume marital life. The opposite party (the wife) corroborated the settlement and the existence of a Memorandum of Agreement. The court noted that the matter had already been referred to the Patna High Court Mediation & Conciliation Centre and resolved therein. Considering the settlement and the nature of the offences, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.S, and compliance with the terms of the mediation agreement.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under IPC sections 341, 323, 498A, 504 and 34.
- Whether the settlement reached through mediation and the Memorandum of Agreement affect the bail decision.
- Whether the conditions prescribed under Section 438(2) CrPC and Section 482 B.N.S.S are applicable to the bail order.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 498A, 504
Subjects
- bail
- mediation
- settlement
- criminal procedure
- IPC offences
- Section 438
- Section 482
- family dispute
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45611 of 2025
Arising Out of PS. Case No.-147 Year-2020 Thana- KAHALGAON District- Bhagalpur
======================================================
Arbind Kumar Choudhary @ Arbind Choudhary S/O Lakhi Choudhary
Resident Of Village- Ghogha Bazar Shankarpur Kobas, P.s.- Ghogha, Dist.-
Bhagalpur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sonam Devi W/O Arvind Choudhary @ Arvind Kumar Choudhary Resident
Of Village- Ghogha Bazar, P.s.- Ghogha O.P., Dist.- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Adv.
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
Mr.Ajay Kumar Singh, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner, husband of opposite party no. 2,
apprehends his arrest in a case registered for the offence under
Sections 341, 323, 498(A), 504, 34 of the Indian Penal Code.
3. At the outset, learned counsel for the petitioner
submits that the dispute between the parties has been settled
amicably through the process of mediation and both parties have
agreed to live together, as husband and wife. Petitioner also
undertakes to keep his wife (opposite party no. 2) and children
with full respect and dignity.
4. Learned counsel for the opposite party no. 2 does
not dispute the aforesaid contention and confirms the fact
regarding settlement entered into between the parties.
Patna High Court CR. MISC. No.45611 of 2025(4) dt.08-01-2026
2/2
5. Here, it is relevant to mention that earlier, with
consent of the parties, the matter was referred to Mediation &
Conciliation Centre of Patna High Court to explore the
possibility of settlement between the parties, which has been
resolved in terms of Memorandum of Agreement annexed with
Mediator’s report.
6. In the facts and circumstances of the case, let the
above-named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Bhagalpur in connection with
Kahalgaon (Ghogha) P.S. Case No. 147 of 2020, subject to
condition as laid down under Section 438(2) of the Cr.P.C. /
Section 482 of the B.N.S.S. with condition that petitioner shall
abide by all the terms & conditions, mentioned in
Memorandum of Agreement, failing which, the learned Trial
Court concerned would be at liberty to cancel the bail-bond of
petitioner.”
(Prabhat Kumar Singh, J)
anay
U T
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