Patna High Court
Noorshat @ Md. NoorshatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond, sureties, and compliance with the mediation settlement, with the power to cancel bail if conditions are breached.
Summary
The petitioner, Noorshat, sought bail in a criminal case (PS Jankinagar Case No. 283 of 2024) where he faced charges under several sections of the B.N.S. and the Dowry Prohibition Act. He argued that the marital dispute with his wife, Ishrat Parween, had been amicably settled through mediation, and both parties consented to live together as husband and wife. The wife’s counsel did not contest the settlement and confirmed the terms recorded in a Memorandum of Agreement annexed to the mediator’s report. The court noted the parties’ mutual agreement and the mediation outcome, and considered the statutory provision allowing bail pending arrest. Accordingly, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and compliance with the settlement terms, reserving the right to cancel bail for breach. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail can be granted to the petitioner despite pending charges under the B.N.S. and Dowry Prohibition Act, given the parties' settlement through mediation.
- Whether Section 438(2) of the Code of Criminal Procedure applies to conditionally release the petitioner pending arrest.
Legislation cited
- B.N.S. — s. 115(2), 117(1), 126(2), 351(1), 352, 85
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- bail
- mediation
- dowry prohibition
- criminal procedure
- settlement
- marital dispute
- section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4676 of 2026
Arising Out of PS. Case No.-283 Year-2024 Thana- JANKINAGAR District- Purnia
======================================================
Noorshat @ Md. Noorshat Son of Md. Kalamuddin Resident of Khutaha,
Baijnathpur Ward No.- 01, P.S.- Bhargama, District - Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ishrat Parween Wife of Noorshat @ Md. Noorshat Daughter of Md.
Salauddin, Resident of Chandpur Bhangha Tola Islampur Ward No.- 16,
P.S.- Jankinagar, District - Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Niharika Rani, Adv.
For the Opposite Party/s : Mr. Shantanu Kumar, APP
Mr. Narendra Kumar, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 07-07-2026 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 126(2), 115(2), 117(1), 85, 352, 351(1) of the B.N.S.
and Sections 3 / 4 of the Dowry Prohibition Act.
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 opposite party no. 2 with full respect and
dignity.
4. Learned counsel for the opposite party no. 2 does
not dispute the aforesaid contention and confirms the fact
Patna High Court CR. MISC. No.4676 of 2026(4) dt.07-07-2026
2/2
regarding the settlement entered into between the parties.
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 view of aforesaid facts and circumstances, in the
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, as named above, 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
C.J.M., Purnea in connection with Janki Nagar P.S. Case No.
283 of 2024, subject to condition as laid down under Section
438(2) of the Code of Criminal Procedure with condition that
petitioner shall abide by all the terms & conditions, mentioned
in Memorandum of Agreement, failing which, the learned
Court below would be at liberty to cancel the bail-bond of
petitioner.”
(Prabhat Kumar Singh, J)
anay
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