Patna High Court
Ashutosh MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail, holding that the successful mediation and mutual withdrawal of complaints removed the justification for incarceration.
Summary
Ashutosh Mishra applied for bail anticipating arrest in a case involving offences under IPC sections 323 and 498A and Dowry Prohibition Act sections 3 and 4. The matter had been referred to mediation on 17‑10‑2025, where the parties reached a settlement and agreed to withdraw the complaints against each other. Both the petitioner’s counsel and the counsel for the second opposite party, Nidhi Mishra, affirmed that the mediation was successful and the dispute was amicably resolved. The court, noting the compromise and the lack of necessity for incarceration, granted bail on the condition that the petitioner furnishes a bail bond of Rs.2,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code. The application was allowed, and the petitioner was released on bail.
Issues considered
- Whether bail should be granted in a case where the parties have settled the dispute through mediation and agreed to withdraw the complaints.
- Whether the existence of a compromise negates the need for custodial detention pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- mediation
- compromise
- IPC 323
- IPC 498A
- Dowry Prohibition Act
- Criminal Procedure Code
- Section 482
- anticipatory bail
- settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54811 of 2025
Arising Out of PS. Case No.-54 Year-2021 Thana- SAHARSA COMPLAINT CASE District-
Saharsa
======================================================
Ashutosh Mishra, S/O Bipin Kumar Mishra R/O Village- Ramdiri, P.S-
Matihani, Distt.- Begusarai, Bihar. Also residing at Quarter No. T2/4,
Teacher's Colony, Central School, P.S- Ramgarh, Distt.- Ramgarh, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nidhi Mishra W/O Ashutosh Mishra, D/O Sri Mohit Mishra R/O Village-
Sah Colony, Patratu, P.S- Patratu, Dist.- Ramgarh. Permanent Address R/O
Kendriya Vidyalaya, Ramgarh Cantt., P.S- Ramgarh, Distt.- Ramgarh.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra
For the Opposite Party/s : Ms.Shaheen Begum- A.P.P.
Mr.Mukesh Kumar
Mr.Priya Ranjan
Mr.Sudeep Kumar
Mr.Anunay Shahi
Mr.Nitish Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 09-02-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the complainant.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 323 and 498(A) of the Indian Penal Code and Sections
3 and 4 of the D. P. Act.
3. The learned counsel for the petitioner submits that
the case was referred for mediation by an order dated
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17.10.2025. It is next submitted that mediation was successful
and the parties have compromised. It is also submitted that
before the learned Mediator, it was also agreed that both
petitioner and the opposite party no.2 shall withdraw the cases
filed by them against each other. It is next submitted that in
terms of the agreement, the petitioner has filed an application
seeking withdrawal of the case, but then, a day later then what
was agreed before the learned Mediator. It is also submitted that
since the dispute has been resolved amicably, as such, no useful
purpose would be served by sending the petitioner to jail.
4. The learned counsel appearing on behalf of the
opposite party no.2 also does not dispute the said submission of
the learned counsel appearing on behalf of the petitioner that the
mediation was successful and parties have resolved their dispute
amicably.
5. Considering the submissions made by the learned
counsel for the parties, the petitioner, above-named, in the event
of his arrest or surrender within a period of six weeks, is
directed to be released on bail on his furnishing bail-bonds in
the sum of Rs.2,000/- (Rupees Two Thousand) with two sureties
of the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor Court in connection
Patna High Court CR. MISC. No.54811 of 2025(4) dt.09-02-2026
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with Complaint Case No.54(C) of 2021, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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