Patna High Court
Ashif @ Md. AshifversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions, noting that the dispute appeared resolved through mediation.
Summary
The petitioner, Ashif, was named in a complaint (Araria Complaint Case No. 431C of 2021) alleging cruelty and dowry harassment under Section 498A of the IPC. The petitioner claimed that the dispute was resolved through mediation on 20 March 2025, with both parties agreeing to continue their married life. The State opposed bail, alleging continued cruelty despite cohabitation. The court examined the mediation report and found the dispute appeared resolved. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, to be complied with within four weeks of arrest or surrender.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of ongoing cruelty under Section 498A IPC
- Whether the mediation settlement suffices to justify bail under Section 482(2) of the BNSS
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- Section 498A
- bail
- mediation
- domestic violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52011 of 2024
Arising Out of PS. Case No.-431 Year-2021 Thana- COMPLAINT CASE District- Araria
======================================================
Ashif @ Md. Ashif Son of Md. Alim @ Sah Alim R/O Vill.- Madanpur,
Chanda Bhag, Ward no. 03, P.s.- Araria, Dist.- Araria
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Farhana W/o Ashif, D/o Shah Raees R/O Vill.- Madanpur, P.s.- Araria, Dist.-
Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 02-02-2026 Heard the parties.
2.The petitioner is named in the Complaint case and
apprehending his arrest in connection with Araria Complaint
Case No. 431C of 2021 registered for the offences punishable
under Sections 498A of IPC.
3. The allegation against petitioner is to commit
mental and physical cruelty upon informant/ O.P. No. 2 due to
non-fulfillment of demand of dowry as raised for Rs. 2.5 lakh
and one motorcycle.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the matter was settled between the
parties in terms of mediation proceedings dated 20.03.2025
arising out of mediation proceedings no. 1823 of 2024. It is
submitted that parties agreed to continue their married life
alongwith their children and as such for the present there is no
Patna High Court CR. MISC. No.52011 of 2024(6) dt.02-02-2026
2/2
issue between the parties. It is submitted that mediation report
was duly signed by the parties.
5. Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
despite of living together petitioner still committing cruelty
occasionally.
6. Let it be so, as dispute and difference between the
parties prima-facie appears resolved through mediation
proceedings as mentioned, accordingly petitioner above-named,
in the event of his arrest or surrender before the court below
within a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned JM 1st Araria /concerned Court, where the case is
pending in connection with Araria Complaint Case No. 431C of
2021, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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