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Patna High Court

Rishikesh Sharma @ Rishikesh Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and compliance with the settlement terms and Section 482 conditions.

Summary

The petitioner, Rishikesh Sharma, was facing arrest in a criminal case (PS Case No. 772 of 2025) for alleged offences under several sections of the B.N.S. and the Dowry Prohibition Act. He contended that the marital dispute with his wife, Rita Devi, had been amicably resolved through mediation and both parties had agreed to live together. The wife corroborated the settlement, and a Memorandum of Agreement was annexed to the mediator’s report. The court considered whether bail could be granted despite the pending charges, taking into account the settlement and the discretion under Section 482 of the B.N.S.S. The court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to compliance with the terms of the settlement and the conditions of Section 482.

Issues considered

  • Whether bail can be granted to the petitioner despite pending charges under Sections 126(2), 115(2), 85, 352, 351(2), 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act, given the parties’ settlement.
  • Whether the court may impose conditions under Section 482 of the B.N.S.S. in granting bail.

Legislation cited

Subjects

  • bail
  • mediation
  • dowry prohibition
  • criminal procedure
  • settlement
  • Section 482
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.5490 of 2026
                  Arising Out of PS. Case No.-772 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Rishikesh Sharma @ Rishikesh Kumar Sharma S/o Rajvanshi Sharma R/o
                 Village - Banwariya, P.S - Shikarpur, District - West Champaran
                                                                             ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Rita Devi W/o Rishikesh Sharma @ Rishikesh Kumar Sharma D/o
                  Parshuram Sharma, R/o Village - Banwariya, P.S - Shikarpur, District - West
                  Champaran
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sanjay Kumar Tiwari, Adv.
                                                  Mr. Mohan Kumar Tiwari, Adv.
                 For the State           :        Mr. Akshay Lal Pandit, APP
                 For the OP-2            :        Mr. Prithvi Nath Mishra, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   07-07-2026                    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 case registered for the offence under

                   Sections 126(2), 115(2), 85, 352, 351(2), 3(5) of the B.N.S. 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 both parties have

                   agreed to live together, as husband and wife. Petitioner also

                   undertakes to keep opposite party no. 2 with full respect and

                   dignity.

                                  4. Learned counsel for the opposite party no. 2 does
           Patna High Court CR. MISC. No.5490 of 2026(4) dt.07-07-2026
                                                       2/2




                     not dispute the aforesaid contention and confirms the fact

                     regarding the settlement entered into between the parties.

                                  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. In view of aforesaid facts and circumstances, in the

                     event of arrest/surrender within a period of eight weeks from

                     today, let the petitioner, as named above, 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

                     A.C.J.M. - IV, Bettiah, West Champaran in connection with

                     Shikarpur P.S. Case No. 772 of 2025, subject to condition as

                     laid down under Section 482 of the B.N.S.S. with condition that

                     petitioner shall abide by all the terms & conditions, mentioned

                     in Memorandum of Agreement, failing which, the learned

                     Court below would be at liberty to cancel the bail-bond of

                     petitioner.”



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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