Patna High Court
Wakar @ WaqarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, recognizing the settlement between the parties.
Summary
The petitioner, Wakar, was charged under Section 498A of the IPC and Section 3 of the Domestic Violence Act following a complaint by his wife, Mobina Praveen. He filed an anticipatory bail petition after a summoning order was issued. The parties reached an amicable settlement wherein the petitioner agreed to pay a total of Rs. 3,00,000, of which Rs. 1,00,000 had already been paid and the balance to be paid after filing a criminal miscellaneous petition under Section 482 CrPC/528 BNSS. The court, noting the settlement, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and specific conditions relating to undisclosed criminal antecedents and false statements. The bail is to be effective for eight weeks from the receipt of the order, and the petitioner may seek quashing of the criminal complaint thereafter.
Issues considered
- Whether anticipatory bail can be granted in a case involving allegations under Section 498A IPC and the Domestic Violence Act when the parties have reached a settlement.
- Whether the settlement and pending payment affect the grant of anticipatory bail under Section 482 CrPC.
Legislation cited
- B.N.S.S., 2023 — s. 2
- Code of Criminal Procedure, 1973 — s. 482
- Domestic Violence Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- Domestic Violence Act
- settlement
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54310 of 2025
Arising Out of PS. Case No.-413 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Wakar @ Waqar Son of Md. Mustafa R/o Village-Mahisakol, Ward no. 07, P.S
and District-Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mobina Praveen Wife of Wakar @ Baqar village- Mirzapur PS- Simraha
(Forbesganj), Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the State : Mr. Rana Randhir Singh, APP
For the O.P. No. 2 : Md. Naushaduzzoha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
7 06-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the complainant.
2. Here, the petitioner is the husband of the
complainant/O.P. No. 2 herein, who has made allegation under
Section 498A IPC and Section ¾ of D.P. Act. She has filed a
complaint bearing Araria Complaint Case No. 413(C) of 2024 in
the Court of learned S.D.J.M., Araria and in that complaint,
cognizance has been taken and summoning order has been
passed against the petitioner. Hence, the petitioner has filed the
present anticipatory bail petition.
3. Learned counsel for the petitioner and learned
counsel for the complainant/O.P. No. 2 jointly inform this Court
that the matter has been amicably settled between the
Patna High Court CR. MISC. No.54310 of 2025(7) dt.06-04-2026
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complainant/O.P. No. 2 and the accused-petitioner/husband and
as per the settlement, the petitioner-husband is required to pay
Rs. 3,00,000/- to the wife-complainant and the child living with
her, born out of the wedlock and towards the settlement, Rs.
1,00,000/- has been already paid by the petitioner-husband to the
complainant-wife and rest Rs. 2,00,000/- is yet to be paid.
4. At this stage, both the parties agree that the rest
amount of Rs. 2,00,000/- will be paid to the complainant-wife by
the petitioner-husband after filing of criminal miscellaneous
petition under Section 482 Cr.PC/528 BNSS before this Court.
The payment will be made during proceeding of the criminal
miscellaneous petition and thereafter, the petitioner-husband will
pray before the Court for quashing the criminal complaint by
setting aside the summoning order.
5. Learned counsel for the petitioner-husband is stating
that he will file criminal miscellaneous petition under appropriate
provision by 06.05.2026 and the payment will be made by him
before the Court at the stage of admission itself, so that the
dispute may be given quietus by this Court.
6. In view of such settlement between the parties, this
petition is allowed, directing the petitioner, above-named, to be
enlarged on bail, in the event of his arrest or surrender before the
court below within a period of eight weeks from the date of
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receipt / production of a copy of this order, on his furnishing bail
bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Araria Complaint
Case No. 413 (C) of 2024, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S 2023, and on the
following conditions:
(i) In case, it is brought to the notice of the court below
that the petitioner has any criminal antecedents, learned court
below shall cancel the bail bonds of the petitioner after hearing
him and getting satisfied that the petitioner has concealed his
criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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