Patna High Court

Most. Punam Devi @ Sona DeviversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court allowed the petitioner's anticipatory bail, holding that a successful mediation and compromise justify granting bail under Section 482(2) of the CrPC.

Summary

Petitioner Punam Devi sought anticipatory bail after fearing arrest in a complaint under Section 498A of the IPC arising from a matrimonial dispute. The prosecution alleged wrongdoing, but the petitioner claimed innocence and highlighted that the matter had been referred to the Patna High Court Mediation and Conciliation Centre, where a successful compromise was reached. The petitioner’s husband had already been granted anticipatory bail in a related proceeding. The State opposed the bail application. The court, considering the mediation outcome and the compromise, allowed the anticipatory bail, directing the petitioner to furnish bail bonds and sureties subject to conditions under Section 482(2) of the CrPC.

Issues considered

Whether anticipatory bail can be granted in a Section 498A case where the parties have reached a compromise through mediation.
Whether the State's opposition is sufficient to deny anticipatory bail in such circumstances.
Whether Section 482(2) of the CrPC empowers the court to grant anticipatory bail despite the nature of the alleged offence.

Legislation cited

Code of Criminal Procedure — s. 482(2)
Indian Penal Code — s. 498A

Subjects

anticipatory bail
Section 498A
matrimonial dispute
mediation
compromise
Criminal Procedure Code
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47300 of 2025
                  Arising Out of PS. Case No.-1328 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Most. Punam Devi @ Sona Devi W/o Late Ganesh Chaudhary R/o Vill-
                 Singhiya Hiwan, P.S.- Banjariya, Distt- East Champaran

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Indu Devi W/o Anwat Choudhary R/o Vill- Sindhiya Hiwan, P.S.- Banjariya,
                 Distt- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Vikash Kumar Jha
                 For the Opposite Party/s :    Mr. Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Complaint Case No. 1328 of 2024 for offences under Sections

                   498(A) of the Indian Penal Code.

                                3. As per the prosecution case, it is a case of

                   matrimonial dispute.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has not committed any offence. He

                   further submits that vide order dated 10.11.2025 passed in Cr.

                   Misc. No. 42024 of 2025, the matter was referred to the Patna

                   High Court Mediation and Conciliation Centre for exploring the

                   possibility of an amicable settlement of the dispute between the
            Patna High Court CR. MISC. No.47300 of 2025(5) dt.19-02-2026
                                                        2/2




                      parties. He further submits that the mediation has been

                      successful, and the parties have entered into a compromise. He

                      further submits that the petitioner is the mother-in-law of the

                      complainant, and the husband of the petitioner has been granted

                      anticipatory bail by a co-ordinate Bench of this Court vide order

                      dated 24.12.2025 passed in Cr. Misc. No. 42024 of 2025.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this application for anticipatory bail stands allowed.

                                   7. 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) with two sureties of

                      the like amount each to the satisfaction of learned Chief Judicial

                      Magistrate, East Champaran, Motihari/concerned Court below

                      in connection with Complaint Case No. 1328 of 2024 subject to

                      the conditions as laid down under Section 482(2) of the BNSS.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T

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