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Patna High Court

Md. Jawed Salim @ Md. Jawed @ SalimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.53854 of 2025(4) dt.21-04-2026
                                            2/3




          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-
             Patna High Court CR. MISC. No.53854 of 2025(4) dt.21-04-2026
                                                         3/3




                       bond of the petitioner.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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