Patna High Court
Kumar AashishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court allowed the anticipatory bail application, conditioning it on strict compliance with the mediation settlement.
Summary
The petitioner, Kumar Aashish, was implicated in a dowry harassment case under Sections 319(2), 318(4), 316(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The dispute arose when the informant paid a large sum for the marriage, but later refused to proceed after further dowry demands. The matter was referred to mediation, where the parties reached a settlement with the petitioner agreeing to pay Rs. 6,00,000 as full and final settlement, evidenced by a demand draft. The petitioner applied for anticipatory bail, arguing that the settlement resolved the dispute. The High Court, after considering the mediation report and the payment evidence, granted anticipatory bail subject to the petitioner complying with the settlement terms and furnishing a bail bond.
Issues considered
- Whether anticipatory bail can be granted in a dowry harassment case pending trial.
- Whether the settlement reached through mediation bars the grant of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 319(2), 61(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- mediation settlement
- criminal procedure
- Bhartiya Nyaya Sanhita
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61132 of 2025
Arising Out of PS. Case No.-1 Year-2025 Thana- THAKURGANJ District- Kishanganj
======================================================
Kumar Aashish S/O Late Arjun Prasad Gupta R/O House No. 68, Sitarampur
Sultanganj, Dist.- Bhagalpur. Present R/O 1238 Garden Street New Baru
North, Carolina, Usa- 28562
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satyanarayan Gupta S/o-Late Firangi sah,R/o-Main Road,Ward no.-
09,Nagar Panchayat Thakurganj,P.S.-Thakurganj,Dist.-Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Shekhar Tiwary
For the State : Mr.Sunil Kumar Pandey
For the O.P. No. 2 : Mr. Suni8l Kuymar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 20-02-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the Opposite Party No. 2/informant and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Thakurganj Police Station Case No. 01 of 2025, dated
03.01.2025, disclosing offences punishable under
Sections 319(2)/318(4)/316(2)/61(2) of the Bhartiya
Nyaya Sanhita, 2023 and Section 3/4 of the Dowry
Prohibition Act.
3. The prosecution case, as per the First Information Report,
is that the marriage of the daughter of the Opposite Party
Patna High Court CR. MISC. No.61132 of 2025(5) dt.20-02-2026
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No. 2 was fixed with the petitioner and on the demand of
the petitioner and his mother, the informant paid a sum of
Rs. 38,00,000/- to the petitioner side. After the payment,
ring ceremony was solemnized and the date of marriage
was fixed on 05.12.2024, at Mayfair Hotel, Purnea, for
which the informant has paid a sum of Rs. 5.5 lakhs as
advance. It has been alleged that due to further demand of
Rs. 10,00,000/- dowry by the petitioner and his mother,
the informant refused to marry his daughter with the
petitioner.
4. Earlier, the matter was referred to mediation centre by
this Court vide order, dated 17.12.2025.
5. Learned Counsel for the petitioner submits that the
mediation has been successful and both the parties have
settled their dispute through process of mediation,
wherein the petitioner has offered to pay a sum of Rs.
26,00,000/- as full and final settlement and the informant
has accepted the offer. In accordance with the terms of
settlement, mutually arrived at by the parties, having been
recorded in the mediation report, dated 05.02.2026,
passed in Mediation Proceeding No. 1699 of 2025, the
petitioner was required to pay a sum of Rs. 6,00,000/- to
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the informant on the date when this application will be
taken up for hearing.
6. Today, learned Counsel for the petitioner has produced a
demand draft of State Bank of India, bearing D. D. No.
622333, dated 10.02.2026, of a sum of Rs. 6,00,000/-,
prepared in the name of the informant.
7. The original copy of the bank draft is handed over to Mr.
Sunil Kumar, learned Counsel for the informant-
Opposite Party No. 2.
8. Considering the submissions advanced by the parties and
taking into consideration the terms of settlement arrived
at between them in mediation and in the interest of both
the parties, I am inclined to grant the petitioner privilege
of anticipatory bail, subject to condition that the petitioner
shall abide by the terms and condition of the settlement,
arrived at and signed by both the parties in mediation.
9. With the aforesaid observations and direction, this
application is allowed.
10. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
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of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Kishanganj, in connection with
Thakurganj Police Station Case No. 01 of 2025, subject to
the condition that the petitioner shall strictly abide by the
terms and condition of the agreement, dated 14.11.2025.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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