Patna High Court
Ritesh Kumar @ VikkyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that anticipatory bail may be granted, subject to conditions, given the parties' compromise and settlement, under Section 482(2) of the BNSS.
Summary
The petitioner, Ritesh Kumar, sought anticipatory bail in a matrimonial dispute complaint (Case No. 5792 of 2024) filed under IPC sections 494, 498A, 34 and the Dowry Prohibition Act. Both parties had mediated, reached a compromise, and the petitioner paid a settlement of Rs. 11,00,000 to his wife. The High Court considered the compromise and the payment, and ordered that the petitioner be released on anticipatory bail if he surrenders within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The court also directed that if either party retracts from the compromise, appropriate steps may be taken. Consequently, the petition for anticipatory bail was granted with stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a complaint case involving IPC sections 494, 498A, 34 and the Dowry Prohibition Act when the parties have reached a compromise.
- Whether the settlement amount paid by the petitioner extinguishes or affects the criminal liability.
- What conditions may be imposed under Section 482(2) of the BNSS for granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 494, 498A
Subjects
- anticipatory bail
- matrimonial dispute
- compromise
- settlement
- IPC
- Dowry Prohibition Act
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47114 of 2025
Arising Out of PS. Case No.-5792 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Ritesh Kumar @ Vikky Son of Chandra Bhushan Prasad Singh @ Mantoon
Jee Resident of Mohalla -Gannipur Ragho Sadan Police Station- Kazi
Mohammadpur, Dist- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Sanju @ Khushabu Wife of Ritesh Kumar @ Vikky village- AZad colony,
Road No. 3A, Madipur, Ps- Kazi Mohammadpur Dist- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in Complaint
Case No. 5792 of 2024 registered under Sections 494,
498(A)/34 of the Indian Penal Code and ¾ of the D.P. Act.
3. It is a case of matrimonial dispute. The matter was
referred to Patna High Court Mediation and Conciliation Centre.
4. It has jointly been submitted that both the parties have
compromised the case and the entire settlement amount of Rs.
11,00,000/- (Rs. Eleven lakhs) have been paid by the petitioner
to his wife (opposite party No. 2).
Patna High Court CR. MISC. No.47114 of 2025(5) dt.11-02-2026
2/2
5. Considering the aforesaid facts and circumstances, let
the petitioner, above named, in the event of arrest/surrender
before the learned court below within a period of four weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of learned Sub Divisional
Judicial Magistrate, Patna in connection with Complaint Case
No. 5792 of 2024, subject to the conditions as laid down under
Section 482(2) of the BNSS.
6. If either of the parties retracts from the terms and
conditions of the compromise, the learned court below may
take proper steps.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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