Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner, subject to compliance with the terms of the mediation settlement.
Summary
The petitioner, Sanjeev Kumar, sought anticipatory bail in a dowry case (Sections 82(1) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act) arising from allegations that he demanded dowry and tortured his wife, Madhvi Kumari, leading to her being ousted from the matrimonial home. The matter had earlier been referred to mediation, where the parties reached a settlement with the petitioner agreeing to pay Rs. 15,00,000 as full and final settlement, which the informant accepted. The court, considering the successful mediation and the parties' agreement, decided to grant anticipatory bail, subject to the petitioner complying with the settlement terms. The bail was conditioned on furnishing a bail bond of Rs. 10,000 with two sureties and adherence to the settlement agreement. Consequently, the application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted in a dowry prosecution when the parties have reached a settlement through mediation
- Whether the settlement agreement can be imposed as a condition for granting anticipatory bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 82(1)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- mediation
- settlement
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61583 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Sanjeev Kumar S/O Suresh Prasad R/O Village- Kandi Nawada, Police
Station- Chandauti, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Madhvi Kumari W/O Sanjeev Kumar, D/O Late Naresh Singh R/O Village-
Gewal Bigha, Police Line Road, P.S- Chandauti, Distt.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the State : Mr.Ram Naresh Ray
For the O.P. No. 2 : Mr. Deepak Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 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 Rampur Police Station Case No. 02 of 2025, dated
04.01.2025, disclosing offences punishable under
Sections 82 (1) of the Bhartiya Nyaya Sanhita, 2023 and
Sections 3/4 of the Dowry Prohibition Act.
3. The prosecution case, as per the First Information Report,
is that the marriage of the Opposite Party No. 2 was
solemnized with the petitioner on 31.05.2017 and soon
after the marriage, the accused persons started demanding
Patna High Court CR. MISC. No.61583 of 2025(4) dt.20-02-2026
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dowry and due to non-fulfillment of the said demand, the
Opposite Party No. 2 was tortured and finally ousted from
her matrimonial home.
4. Earlier, the matter was referred to mediation centre by
this Court vide order, dated 10.09.2025.
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.
15,00,000/- 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 28.11.2025,
passed in Mediation Proceeding No. 1361 of 2025.
6. 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.
7. With the aforesaid observations and direction, this
Patna High Court CR. MISC. No.61583 of 2025(4) dt.20-02-2026
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application is allowed.
8. 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
of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Gaya, in connection with
Rampur Police Station Case No. 02 of 2025, subject to
the condition that the petitioner shall strictly abide by the
terms and condition of the agreement, dated 28.11.2025.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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