Patna High Court
Md. Jawed Salim @ Md. Jawed @ SalimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond, sureties and compliance with the mediation settlement and Section 482(2) conditions.
Summary
Md. Jawed Salim sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. and the Dowry Prohibition Act. The petitioner claimed that the underlying dispute with the complainant had been fully resolved through mediation, with a settlement report in the mediator’s possession. The informant, who is also the second opposite party, did not contest this claim and affirmed the settlement. The court, noting the settlement and the lack of opposition, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with the terms of the mediation agreement. The bail is conditioned on compliance with Section 482(2) of the B.N.S. and may be cancelled if the petitioner breaches the settlement conditions.
Issues considered
- Whether anticipatory bail should be granted when the dispute underlying the criminal complaint has been settled by mediation
- Whether the conditions imposed under Section 482(2) of the B.N.S. are appropriate in the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- mediation settlement
- Dowry Prohibition Act
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53854 of 2025
Arising Out of PS. Case No.-13 Year-2025 Thana- MAHILA P.S. District- Nalanda
======================================================
Md. Jawed Salim @ Md. Jawed @ Salim Son of Md. Salim @ Lallu Resident
of 83E/1B/H/9 Belgachia Road PS- Ultadanga, Kolkata 700037 West Bengal
... ... Petitioner/s
Versus
1. The State of Bihar
2. Roomi Praween Wife of Md. Jawed Salim village- Imamganj, Khaje Etavar
Saray, Ps- Rahui, Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Parmanand Prasad, Advocate
For the State : Dr. Indiwar Kumari, APP
For the Informant : Mr. Laln Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 21-04-2026 Heard learned counsel appearing on behalf of the
petitioner, learned A.P.P. appearing on behalf of the State and
learned counsel appearing on behalf of the informant/ Opposite
Party No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 85, 351(2) and 3(5) of the B.N.S. and Sections 3 and 4
of the Dowry Prohibition Act.
3. At the outset, learned counsel appearing on behalf
of the petitioner submits that the dispute between the parties has
been settled through process of mediation and the terms of
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settlement mutually agreed upon by the parties is kept with the
mediator’s report.
4. Learned counsel for informant/Opposite Party No.
2 does not dispute the contentions raised on behalf of the
petitioner and confirms the fact regarding settlement between
the parties.
5. Considering the fact that dispute between the
parties has already been resolved through the process of
mediation, the prayer for grant of anticipatory bail to the
petitioner is allowed.
6. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners 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 learned S.D.J.M., Bihar Sharif,
Nalanda in connection with Mahila P.S. Case No. 13 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S. with further condition that the petitioner shall abide by
all the terms & conditions, as mentioned in the Memorandum of
Agreement dated 15.04.2026, agreed between the parties, failing
which, learned Court below shall be at liberty to cancel the bail-
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bond of the petitioner.
(Prabhat Kumar Singh, J)
shashank/-
U T
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