Patna High Court
RAHUL SINGH @ RAHUL KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Indian Penal Code — s. 323, 34, 341, 376, 498A, 511
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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