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Patna High Court

RAHUL SINGH @ RAHUL KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted in view of the amicable settlement, applying Section 482(2) of the BNSS.

Summary

Rahul Singh was named in a complaint (No. 1455 of 2021) for alleged offences under Sections 323, 341, 498A, 376 and 511/34 of the IPC, stemming from alleged mental and physical cruelty linked to dowry demands. The complainant’s counsel submitted that the marriage between the parties had been dissolved amicably. The petitioner applied for bail, arguing that the dispute was settled. The court observed that the parties appeared to have resolved their differences and, invoking Section 482(2) of the BNSS, directed that bail be granted. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to the conditions laid down by the lower court.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious IPC charges, given the amicable settlement of the matrimonial dispute

Legislation cited

Subjects

  • bail
  • dowry harassment
  • IPC offences
  • amicable settlement
  • criminal miscellaneous
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60868 of 2023
                 Arising Out of PS. Case No.-1455 Year-2021 Thana- SIWAN COMPLAINT CASE District-
                                                         Siwan
                 ======================================================
                 Rahul Singh @ Rahul Kumar S/O Shankar Ray @ Shankar Singh R/O
                 Village- Singaha Tola, Pandit Pura, Hathua, Ps. Mirganj, Dist. Gopalganj

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Guriya Devi W/O Rahul Singh @ Rahul Kumar, D/O Sanjay Singh R/O
                 Village- Hussaipur Nanad, Ps. Basantpur, Dist. Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Jagjit Roshan
                 For the Opposite Party/s :     Mr.Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   27-01-2026                     Heard the parties.

                                2. The petitioner is named in the Complaint Case

                   and apprehending his arrest in connection with Complaint

                   Case No. 1455 of 2021 registered for the offences punishable

                   under Sections 323, 341, 498A, 376, 511/ 34 of IPC.

                                3. The allegation against petitioner is to commit

                   mental and physical cruelty upon complainant due to non-

                   fulfillment of demand of dowry.

                                4. It is submitted by Ms. Jiya Verma learned counsel

                   appearing on behalf of complainant / O.P. No. 2 that the

                   marriage between the parties now dissolved amicably.
              Patna High Court CR. MISC. No.60868 of 2023(5) dt.27-01-2026
                                                          2/2




                                     5. In view of aforesaid factual submission and by

                        taking note of fact as parties prima-facie appears to settle

                        their dispute amicably, accordingly petitioner above-named,

                        in the event of his arrest or surrender before the court below

                        within a period of four weeks, is directed to be released on

                        bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned JM 2nd Class, Siwan /concerned

                        Court, where the case is pending in connection with Complaint

                        Case No. 1455 of 2021, subject to the conditions as laid down

                        under Section 482(2) of BNSS.



                                                                     (Chandra Shekhar Jha, J)
Sudha/-

U         T


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