Patna High Court
Shivam PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail subject to the petitioner’s adherence to the terms of the mediation compromise.
Summary
Shivam Pandey filed an anticipatory bail application in a criminal case (PS Gopalganj No.299/2023) involving offences under Sections 498A, 323, 406 and 34 of the Bharatiya Nyaya Sanhita. The trial court had ordered mediation, and the parties reached a compromise documented in a mediation report dated 19‑01‑2026. The petitioner contended that the settlement removed the necessity for his detention, and the respondent (his wife) supported this view. The High Court examined whether anticipatory bail could be granted despite the pending charges, relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and the effect of the mediation settlement. The Court granted anticipatory bail, subject to compliance with the terms of the compromise, a bail bond of Rs 10,000 and two sureties, and directed the petitioner to surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted when the matter has been compromised through mediation
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits bail in a case involving offences under Sections 498A, 323, 406 and 34 of the Bharatiya Nyaya Sanhita
- Whether the mediation settlement affects the applicability of the pending criminal charges
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 323, 34, 406, 498A
Subjects
- anticipatory bail
- mediation
- compromise
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- domestic violence
- assault
- criminal breach of trust
- criminal conspiracy
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61416 of 2025
Arising Out of PS. Case No.-299 Year-2023 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Shivam Pandey S/O Shiv Narayan Pandey Resident of Village- Rampur Babu,
P.S- Kuchaikot, Distt.- Gopalganj, at present R/O Rajiv Nagar Ward No. 14,
P.S and Distt.- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Shalu Pandey @ Shalu Kumari W/O Shivam Pandey, D/O Shashikant
Mishra At present R/O Village- Basdila, P.S and Dsitt.- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey
For the Opposite Party/s : Mr. Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 20-02-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Gopalganj (Town) Police Station Case No. 299 of
2023, disclosing offences under Sections 498A, 323, 406/34 of
the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that the
case was sent for mediation by this court, vide order, dated
17.12.2025, and in the mediation between the husband and wife,
the case has been compromised, and a final mediation report has
been prepared and signed by both petitioner and O.P. No. 2 on
19.01.2026.
4. Learned counsel for the O.P. No. 2 supports the
Patna High Court CR. MISC. No.61416 of 2025(5) dt.20-02-2026
2/2
argument of learned counsel for the petitioner.
5. Considering the fact that the matter has been
compromised between husband and the wife, and a mediation
report has been submitted by the learned Mediator having terms
and conditions of the documents, I am inclined to grant the
petitioner privilege of anticipatory bail subject to the condition
that the petitioner shall follow the terms and conditions of
compromise mentioned in the mediation report dated
19.01.2026.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, 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 learned Sub Divisional Judicial Magistrate,
Gopalganj, in connection with Gopalganj Police Station Case
No. 299 of 2023, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
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