Patna High Court
Jivendra Kumar @ Jitendra Kumar @ DhananjayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted bail to the petitioner, subject to conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Jivendra Kumar, applied for bail anticipating arrest in a case involving offences under Sections 498A, 341, 323, 379, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. Both parties asserted that the matrimonial dispute had been settled amicably, with a one‑time payment of Rs.8 lakh to the opposite party and an agreement to withdraw related maintenance and divorce proceedings. The counsel for the State and the opposite party concurred with the settlement and indicated that the opposite party would not pursue the criminal case. The High Court, after hearing the parties, ordered that the petitioner be released on bail upon furnishing a bond of Rs.500 with two sureties, subject to the conditions of Section 482(2) of the Criminal Procedure Code. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted in anticipation of arrest for the listed offences given the matrimonial settlement.
- Whether the settlement and withdrawal of related civil matters justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 379, 498A
Subjects
- bail
- matrimonial dispute
- settlement
- IPC
- Dowry Prohibition Act
- Section 482
- High Court
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61351 of 2024
Arising Out of PS. Case No.-43 Year-2022 Thana- MAHILA P.S. District- Nalanda
======================================================
Jivendra Kumar @ Jitendra Kumar @ Dhananjay son of Sadhu Sharan Prasad
Village -Sakari PS- Islampur Didtrict- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Neelam Kumari Daughter of Bhagwat prasad village- Mai, Ps- Harnaut,
Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
Mr.Anil Kumar
Mr/s.Nitee Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
8 10-04-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the opposite party no.2.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 498A, 341, 323, 379, 34 of the Indian Penal Code and
Sections 3 and 4 of the D. P. Act.
3. The learned counsel for the parties jointly
submitted that the dispute is matrimonial and parties have
resolved their dispute amicably by way of one time settlement.
4. The learned counsel appearing on behalf of the
opposite party no.2 submits that petitioner has filed Complaint
Patna High Court CR. MISC. No.61351 of 2024(8) dt.10-04-2026
2/3
Case No.93 of 2022 in the Court of the learned Judicial
Magistrate, 1st Class-3, Hilsa, Nalanda, on which the learned
counsel appearing on behalf of the petitioner submits that he has
instructions to make submissions on behalf of the petitioner that
petitioner will not pursue with the case rather will withdraw the
same, but then, the learned counsel appearing on behalf of the
petitioner submits that opposite party no.2 has filed
Maintenance Case No.89 of 2022 in the Court of the learned
Principal Judge, Family Court, Biharsharif, Nalanda, on which
the learned counsel appearing on behalf of the opposite party
no.2 submits that opposite party no.2 shall not pursue with the
case rather will withdraw the maintenance case. The learned
counsel appearing on behalf of the opposite party no.2 also
submits that the instant case shall also not be pursued by the
opposite party no.2 rather an application would be filed for
seeking withdrawal of the same. It is also submitted by the
learned counsel for the parties that petitioner and the opposite
party no.2 shall be filing an application seeking divorce by
mutual consent and the same shall be filed on or before
01.05.2026.
5. The learned counsel appearing on behalf of the
opposite party no.2, at this stage, submits that petitioner has
Patna High Court CR. MISC. No.61351 of 2024(8) dt.10-04-2026
3/3
given an amount of Rs.8 Lacs by way of one time settlement to
the opposite party no.2 and the opposite party no.2 is satisfied
with the same.
6. 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.500/- (Rupees Five Hundred) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/successor Court in
connection with Mahila P. S. Case No.43 of 2022, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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