Patna High Court
Rishikesh Sharma @ Rishikesh Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S. — s. 115, 126, 3, 351, 352, 85
- B.N.S.S. — s. 482
- Dowry Prohibition Act — s. 3, 4
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
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