Patna High Court
Yash Raj @ Yash Raj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and the conditions prescribed under Section 438(2) Cr.P.C.
Summary
The petitioner, Yash Raj, sought anticipatory bail fearing arrest in a criminal complaint arising from a matrimonial dispute, which alleged offences under various sections of the Bihar Negotiable Statutes and the Dowry Prohibition Act. The parties had reached a compromise whereby the petitioner would pay Rs. 6 lakh to his wife, Akanksha Kumari, and had submitted a cheque of Rs. 3 lakh, with the balance to be paid at the time of filing a joint divorce petition under Section 13B of the Hindu Marriage Act, 1955. The court examined whether the compromise and pending divorce petition justified granting anticipatory bail. It ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code. The court also directed the parties to file a mutual‑consent divorce within three weeks and directed the complainant to withdraw the criminal case.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in the pending criminal case arising from a matrimonial dispute.
- Whether the compromise agreement and pending joint divorce petition affect the grant of anticipatory bail.
- Whether the complainant can be directed to withdraw the criminal case following the compromise.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 127(1), 303(2), 333, 3(5), 352, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Hindu Marriage Act, 1955 — s. 13B
Subjects
- anticipatory bail
- matrimonial dispute
- compromise agreement
- mutual consent divorce
- Section 438 CrPC
- Section 13B Hindu Marriage Act
- Dowry Prohibition Act
- criminal case withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51191 of 2025
Arising Out of PS. Case No.-1648 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
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Yash Raj @ Yash Raj Singh son of Avinash Kumar Singh @ Abinash Kumar
Singh Village- Bihat Tola Masanpur Nagar Parishad Bihat Ward No 11 Post
-Urwaknagar Barauni PS- Barauni District -Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Akanksha Kumari Wife of Yash Raj @ Yash Raj Singh Village- Korai, Po-
Korai, Ps- Gardhpura, dist- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam, Adv.
For the State : Mrs.Asha Kumari, APP
For Complainant OP No. 2: Mr.Shishir Kumar Shishir, Adv.
Mr.Binod Kumar Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 1648C of 2024, registered for the
offences punishable under Sections 127(1), 115(2), 85, 352,
109, 333, 303(2), 3(5) of BNS and Sections ¾ of D.P. Act.
3. It is a case of matrimonial dispute.
4. In order to explore the possibility of amicable
settlement of the dispute between the parties, the matter was
referred to the Patna High Court Mediation and Conciliation
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Centre. Both the parties have compromise the case and decided
to live separately.
5. According to terms and conditions of the
compromise, the petitioner has to pay Rs. 6 lakhs to OP No. 2.
In compliance of the terms and conditions, the learned counsel
for the petitioner handed over a cheque of Rs. 3 lakhs, bearing
DD No. 007766 dated 20.01.2026 to the learned counsel for the
opposite party no. 2 in the Court.
6. Learned counsel for the petitioner submits that rest
amount of Rs. 3 lakhs will be paid at the time of second motion
of joint divorce petition under Section 13B of Hindu Marriage
Act, 1955.
7. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Begusarai in connection with Complaint Case No.
1648C of 2024, subject to the conditions as laid down under
Section 438(2) Cr.P.C.
8. It is expected that the parties shall file divorce
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petition on the basis of mutual consent within a period of three
weeks from today and OP No. 2 shall withdraw the present
criminal case.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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