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Patna High Court

Rabdin @ Rabdin Ansari @ Khadin AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court exercised its inherent powers under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted bail to the petitioner.

Summary

The petitioner, Rabdin Ansari, feared arrest in a criminal case registered under sections 498A and 323 of the Indian Penal Code. Both parties claimed to have resolved their dispute through a mutually agreed settlement, which was attached to a mediator’s report dated 2 February 2026. The respondent’s counsel did not contest the settlement. The High Court, after considering the mediator’s report, granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated that the bail would be effective if the petitioner is arrested or surrenders within six weeks from the date of the order.

Issues considered

  • What is the appropriate basis for granting bail to a petitioner in a case under IPC sections 498A and 323 when the parties have reached a settlement?
  • Whether the High Court can exercise its inherent powers under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail in such circumstances.

Legislation cited

Subjects

  • bail
  • settlement
  • mediation
  • IPC 498A
  • IPC 323
  • Section 482
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49022 of 2025
                   Arising Out of PS. Case No.-439 Year-2024 Thana- GOPALGANJ COMPLAINT CASE
                                                    District- Gopalganj
                 ======================================================
                 Rabdin @ Rabdin Ansari @ Khadin Ansari S/O Ahamd Ali Resident of
                 Village- Jamuniya, P.S- Vishambharpur, Distt.- Gopalganj.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar
           2.    Laila Khatoon W/O Khadin Ansari R/O Village- Jamuniya, P.S-
                 Vishambharpur, Dist.- Gopalganj, Present At- Villag- Haata Bhathiya, P.S-
                 Kuchaikote, Distt.- Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Adesh Raj
                 For the Opposite Party/s :    Mr.Tarkeshwar Nath Thakur
                                               Mr Dharmveer
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   17-02-2026                    Heard learned counsel for the parties.

                                 2 Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 498A/323 and other allied

                   sections of the Indian Penal Code.

                                  3. Learned counsel appearing for the petitioner

                   submits that both parties have resolved and settled their dispute

                   in terms of settlement mutually agreed upon by them. A copy of

                   the settlement is annexed with the mediator’s report dated

                   2.2.2026.

                                 4. Learned counsel for opposite party no.2 does not

                   controvert the submission of the learned counsel for the
               Patna High Court CR. MISC. No.49022 of 2025(4) dt.17-02-2026
                                                           2/2




                         petitioner.

                                       5. Considering the mediator’s report, prayer for bail of

                         the petitioner is allowed. In the event of arrest/surrender within

                         six weeks from today, let the petitioner, mentioned 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 the Judicial Magistrate 1st class, Gopalganj in

                         Complaint Case No. 439/2024, subject to the conditions laid

                         down under section 482 of the Bharatiya Nagarik Suraksha

                         Sanhita, 2023.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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