Patna High Court
Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to specified conditions.
Summary
Lalan Kumar sought anticipatory bail fearing arrest in a complaint under Section 498A IPC. The parties had resolved their dispute through mediation, with a settlement report filed at ‘Flag‑M’. The complainant opposed the bail, but the court noted the mediation settlement and granted anticipatory bail, subject to a Rs.10,000 bail bond, two sureties, compliance with Section 482(2) of the B.N.S.S., and adherence to the terms of the settlement agreement dated 23‑12‑2025. The bail may be cancelled if the petitioner breaches the settlement conditions. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail can be granted in a Section 498A complaint when the parties have settled the dispute through mediation
- Whether Section 482(2) of the B.N.S.S. applies to the grant of anticipatory bail in this context
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- mediation
- Section 498A
- criminal procedure
- settlement agreement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56679 of 2025
Arising Out of PS. Case No.-236 Year-2024 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Lalan Kumar S/O Ramashray Rai R/O Village- Rampur Bakhari, Ward No.
01, Police Station- Sakra, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anjani Kumari W/O Lalan Kumar, D/O Vijay Rai R/O Village- Rampur
Bakhari, Ward No. 01, P.S- Sakra, Dist.- Muzaffarpur, Present Address of
Maike Village- Ramnagra, P.S- Sakra, Distt.- Muzaffarpur, Mobile No.-
8651192683.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ranjan Kumar, Advocate
For the State : Md. Aslam Ansari, APP
For the Complainant : Mr. Hans Lal Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned A.P.P. appearing on behalf of the State and
learned counsel appearing on behalf of the
complainant/Opposite Party No. 2.
2. The petitioner apprehends his arrest in a complaint
case registered for the offence punishable under Section 498A of
the Indian Penal Code.
3. At the outset, learned counsel appearing on behalf
of the petitioner submits that the dispute between the parties has
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been settled through process of mediation and the terms of
settlement mutually agreed upon by the parties is kept with the
mediator’s report at ‘Flag-M’.
4. Learned counsel for complainant/Opposite Party
No. 2 vehemently opposed the prayer for grant of bail to the
petitioner.
5. Considering the fact that dispute between the
parties has already been resolved through the process of
mediation, the prayer for grant of anticipatory bail to the
petitioner is allowed.
6. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners 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 J.M.F.C., Muzaffarpur East in
connection with Complaint Case No. 236 of 2024, subject to
condition as laid down under Section 482(2) of the B.N.S.S.
with further condition that the petitioners shall abide by all the
terms & conditions, as mentioned in the Memorandum of
Agreement dated 23.12.2025 kept at Flag-M, agreed between
the parties, failing which, learned Court below shall be at liberty
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to cancel the bail-bond of the petitioner.
(Prabhat Kumar Singh, J)
shashank/-
U T
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