Patna High Court
Arsad @ Ishad AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court disposed of the application, granting the petitioner liberty to seek a compromise before the lower court and, if supported by the informant, to obtain bail on prescribed conditions.
Summary
The petitioner, Arsad @ Ishad Ali, sought relief fearing arrest in a complaint (Case No. 807 of 2024) alleging assault for dowry demand under Section 498A IPC. The prosecution alleged the petitioner assaulted the informant, while the petitioner claimed innocence and that the parties had reached a compromise, filing an application in the lower court. The High Court, after hearing counsel, disposed of the application, directing the petitioner to approach the trial court to formalise the compromise. It further stipulated that, should the informant support the compromise, the petitioner may be released on bail upon furnishing a Rs 10,000 bond with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS. The order left the final decision on bail and compromise to the concerned Judicial Magistrate‑First Class, Katihar.
Issues considered
- Whether the petitioner is entitled to bail pending a compromise in a case under Section 498A IPC.
- Whether a compromise between the parties can be recognised and affect the criminal proceedings.
- Application of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS in granting bail.
Legislation cited
- Bihar Negotiable Settlement Scheme — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- Section 498A
- bail
- compromise
- Criminal Procedure Code
- BNSS
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60874 of 2025
Arising Out of PS. Case No.-807 Year-2024 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Arsad @ Ishad Ali S/o Md. Nazir @ Naziruddin R/o Village- Khushalpur,
P.S.- Harishchandrapur, District- Malda, State- West Bengal
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Tuli Khatoon W/o Arsad @ Ishad Ali Daughter of Sarful Hoda, at present
residing at Village- Nepra, P.S.- Azamnagar, District- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Krishna
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 807 of 2024 registered for
the offence under Sections 498(A) of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
alleged to have assaulted the informant for demand of dowry.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the parties
have entered into a compromise to the said effect, they have
filed an application in the Court below.
Patna High Court CR. MISC. No.60874 of 2025(6) dt.20-02-2026
2/2
5. In view of the above, this application is disposed
of with liberty to the petitioner to approach the court below
regarding the compromise between the parties. It is made clear
that if the informant supports the compromise then the petitioner
shall be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate-1st Class,
Katihar/concerned Court below in connection with Complaint
Case No. 807 of 2024, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS, otherwise appropriate orders shall be
passed by the Court below.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…