Patna High Court
Bhola Chaudhari @ Bhola ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties and the condition that bail may be cancelled if the settlement is not complied with.
Summary
Bhola Chaudhari, charged under IPC Section 498A and Section 4 of the Dowry Prohibition Act, applied for anticipatory bail anticipating arrest. The parties had undergone mediation, resulting in a settlement whereby the petitioner agreed to pay a specified amount. The complainant (Lalsa Devi) did not oppose the bail but stipulated that bail could be cancelled if the settlement terms were not fulfilled. The High Court, invoking its inherent powers under Section 482(2) of the B.N.S.S., granted anticipatory bail on the condition of a Rs.2,000 bond with two sureties and allowed the complainant to seek cancellation of bail for non‑compliance. The order also directed that the complainant must adhere to the settlement terms herself.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 498A IPC and Section 4 D.P. Act where a mediation settlement has been reached.
- Whether the High Court can impose conditions, including the possibility of cancellation, on anticipatory bail under its inherent powers.
Legislation cited
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- mediation
- settlement
- Section 498A
- Dowry Prohibition Act
- inherent powers
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59465 of 2025
Arising Out of PS. Case No.-179 Year-2016 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
Bhola Chaudhari @ Bhola Chauhan S/o Shri Balmiki Chaudhari R/o vill -
Amaisi Dehra, P.S.- Kochas, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalsa Devi W/o Bhola Chaudhari @ Bhola Chauhan R/o vill - Amaisi
Dehra, P.s.- Kochas, Distt.- Rohtas, Presently, D/o Bhoda Chauhan, R/o
Pandeypatti, P.S.- Buxar (T), Distt.- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar
For the Opposite Party/s : Mr.Rabindra Kumar
Mr.Dinkar Kumar
Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 28-04-2026 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 498(A) of the Indian Penal Code and Section 4 of the
D. P. Act.
3. The learned counsel for the petitioner submits that
the case was referred for mediation and the mediation was
successful and the dispute has been resolved amicably. It is also
submitted that in terms of the settlement as recorded by the
Patna High Court CR. MISC. No.59465 of 2025(6) dt.28-04-2026
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learned Mediator, the petitioner shall pay the amount within the
time framed.
4. The learned counsel appearing on behalf of the
opposite party no.2 fairly submits that he is not opposing the
anticipatory bail application of the petitioner for the present in
terms of the compromise arrived at but then submits that if the
petitioner does not adhere to the terms of agreement after
obtaining anticipatory bail, then what will happen, on which the
learned counsel appearing on behalf of the petitioner submits
that petitioner is aware of the consequences which would entail
if the petitioner does not adhere to the terms of the agreement as
recorded by the learned Mediator. It is further submitted that if
petitioner does not fulfill the terms of the compromise as
recorded by the learned Mediator, in that event, the anticipatory
bail if granted to the petitioner shall be liable to be cancelled.
5. After hearing the learned counsel for the parties,
the petitioner, above-named, in the event of his arrest or
surrender before the learned Court below 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
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connection with Complaint Case No.179(C) of 2016, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that opposite party no.2 shall be at
liberty to file an application seeking cancellation of anticipatory
bail if the petitioner does not adhere to the terms of the
compromise as recorded by the learned Mediator.
8. At this stage, the learned counsel appearing on
behalf of the opposite party no.2 submits that even opposite
party no.2 shall abide by the terms of the compromise.
(Satyavrat Verma, J)
vikash/-
U T
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