Patna High Court
Raja Jaysawal @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioner Raja Jaysawal, husband of the opposite party, feared arrest in a criminal case (PS 300/2025) involving offences under several IPC sections and the Dowry Prohibition Act. He contended that the marital dispute had been fully resolved through mediation, as evidenced by a mediator’s report dated 01‑05‑2026. The respondent (the wife) did not contest this claim. The Court examined whether the settlement extinguished the basis for anticipatory bail and considered the scope of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding that the parties had reached a mutually agreed settlement, the Court granted anticipatory bail, subject to a bail bond of Rs. 10,000 with two sureties and compliance with the conditions under Section 482(2). The order directs the Chief Judicial Magistrate, Bettiah, to release the petitioner if arrested within eight weeks.
Issues considered
- Whether anticipatory bail can be granted when the underlying dispute has been settled by mediation
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the High Court to conditionally release the petitioner pending arrest
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 126(2), 127(2), 3(5), 351(2), 352, 85
Subjects
- anticipatory bail
- mediation settlement
- dowry prohibition
- criminal procedure
- Section 482
- bail bond
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5543 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Raja Jaysawal @ Raja Kumar S/O Late Prem Chandra Jaysawal Resident of
Village- Chhawadadano, Chhodadano, P.S.- Motihari, Dist.- East Champaran,
Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anu Jaiswal D/o Upendra Jaiswal Resident of Pachtaha Bazar, Police
Station Vairiya, District West Champaran, present address Mohalla-
Rameshwar Nagar, Met Ghat, Ward No. 12, Bettiah Police Station, Bettiah
Nagar, District West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Nath Jha, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P.
For the OP No. 2 : Mr. Arun, Md. Anwar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 07-05-2026 Heard learned counsel for the parties.
2. The petitioner who is husband of opposite party
No. 2 apprehends arrest in a case registered for the offences
punishable under Sections 126(2), 115(2), 127(2), 85, 351(2),
352, 3(5) and Sections 3/4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that the
dispute between the parties has already been resolved through
the process of mediation vide Mediator’s Report dated
01.05.2026 and terms of settlement mutually agreed upon by the
parties is attached with the Mediator’s Report kept at Flag ‘M’.
4. Learned counsel for the O.P. No. 2 does not dispute
Patna High Court CR. MISC. No.5543 of 2026(3) dt.07-05-2026
2/2
the contention made on behalf of the petitioner.
5. In view of the fact that the dispute between the
parties has been resolved, this anticipatory bail is allowed and it
is ordered that in the event of arrest/surrender within a period of
eight weeks from today, let the above-named petitioner 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 Chief Judicial Magistrate, Bettiah, West
Champaran in connection with Bariya P. S. Case No. 300 of
2025, subject to the conditions laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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