Patna High Court
Rahul SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Rahul Singh, husband of Priyanka Kumari, faced arrest in a criminal complaint involving IPC offences (Sections 341, 323, 504, 379, 307, 498A) and the Dowry Prohibition Act (Sections 3 and 4). The parties resolved their dispute through mediation at the Patna High Court Mediation & Conciliation Centre, executing a Memorandum of Agreement wherein Rahul offered Rs 9,00,000 as full and final settlement, of which Rs 5,00,000 was paid by demand draft. The petitioner applied for anticipatory bail, arguing that the settlement removed any likelihood of further offence. The court, noting the amicable settlement and the parties’ consent, granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and compliance with the settlement terms, invoking Section 438(2) of the Cr.P.C. and Section 482 of the B.N.S.S. The order also allowed cancellation of bail if conditions were breached.
Issues considered
- Whether anticipatory bail can be granted when the criminal dispute has been settled by mediation and a settlement agreement.
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482 B.N.S.S. are applicable in granting anticipatory bail in such circumstances.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 323, 341, 379, 498A, 504
Subjects
- anticipatory bail
- mediation
- settlement agreement
- criminal procedure
- dowry prohibition
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53205 of 2025
Arising Out of PS. Case No.-189 Year-2023 Thana- AMBA District- Aurangabad
======================================================
Rahul Singh S/o- Arvind Singh Resident Mohalla- H.N- 8 Ward No. 3 P.S-
Bishrampur District- Surajpur Chhatisgarh
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Kumari W/o- Rahul Singh, D/o- Dhananjay Kumar Singh Village-
Balia Ps- Amba Dist- Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ajay Singh, Advocate
Mr. Uma Kant Prasad, Adv.
For the State : Mr. Khurshid Anwar, APP
For the OP-2 : Mr. Abhishek Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 08-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner, husband of opposite party no. 2,
apprehends his arrest in a complaint case punishable for the
offence under Sections 341, 323, 504, 379, 307, 498(A) of the
Indian Penal Code and Sections 3, 4 of the Dowry Prohibition
Act.
3. At the outset, learned counsel for the petitioner
submits that the dispute between the parties has been settled
amicably through the process of mediation and for this, the
petitioner offered to pay Rs. 9,00,000/- (Rupees nine lakhs) in
three installments, as full and final settlement amount and
Patna High Court CR. MISC. No.53205 of 2025(6) dt.08-01-2026
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opposite party no. 2 has accepted the offer and gave her consent.
4. Learned counsel for the opposite party no. 2 does
not dispute and confirms the fact regarding settlement entered
into between the parties. In compliance of Memorandum of
Agreement, learned counsel for the petitioner handed over a
demand draft of Rs. 5,00,000/- in the name of Priyanka Kumari
(opposite party no. 2) of S.B.I. dated 20.12.2025, bearing D.D.
No. 050328 to the counsel of opposite party no. 2 namely Mr.
Abhishek Kumar Singh.
5. Here, it is relevant to mention that earlier, with
consent of the parties, the matter was referred to Mediation &
Conciliation Centre of Patna High Court to explore the
possibility of settlement between the parties, which has been
resolved in terms of Memorandum of Agreement annexed with
Mediator’s report.
6. Considering the fact that dispute between the
parties has been resolved, the prayer for anticipatory bail of
petitioner is allowed.
7. Let the petitioner, as named above, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.53205 of 2025(6) dt.08-01-2026
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satisfaction of learned C.J.M., Aurangabad in connection with
Amba P.S. Case No. 189 of 2023, subject to condition as laid
down under Section 438(2) of the Cr.P.C. / Section 482 of the
B.N.S.S. with further condition that petitioner shall abide by all
the terms & conditions, mentioned in Memorandum of
Agreement, failing which, learned Court below shall be at
liberty to cancel the bail-bond of the petitioner.
(Prabhat Kumar Singh, J)
anay
U T
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