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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties, under the conditions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioner Brajesh Kumar feared arrest in a criminal complaint (Case No. 1075/2018) involving offences under IPC sections 498A and 323 and Dowry Prohibition Act sections 3 and 4. The petitioner’s counsel submitted that the parties had amicably settled the dispute, attaching a mediator’s report dated 6 May 2025. The opposite party’s counsel did not contest the settlement. The court, after considering the mediator’s report, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.

Issues considered

  • Whether bail should be granted to the petitioner despite pending charges under IPC 498A, 323 and Dowry Prohibition Act 3 & 4.
  • Whether the settlement between the parties and the mediator’s report can be a basis for bail.
  • Whether section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is applicable for granting bail in this case.

Legislation cited

Subjects

  • bail
  • settlement
  • dowry harassment
  • IPC
  • Dowry Prohibition Act
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62613 of 2024
                  Arising Out of PS. Case No.-1075 Year-2018 Thana- BHAGALPUR COMPLAINT CASE
                                                    District- Bhagalpur
                 ======================================================
                 Brajesh Kumar S/o Chandra Devo Mandal Resident at- Chandra Maya Niwas,
                 Village- Jhanjhra, P.S.- Pasraha, District- Khagaria

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar Bihar
           2.    Kamlesh Prasad S/o Late Surya Narayan Sharma R/o Veena Kutir, G.C.
                 Banarjee road, Adarsh Gali, Mundichak, P.S - Tilkamanjhi, Distt.- Bhagalpur
           3.    Kanchan Mala Kumari D/o Kamlesh Prasad, W/o Brajesh Kumar R/o Veena
                 Kutir, G.C. Banarjee road, Adarsh Gali, Mundichak, P.S - Tilkamanjhi,
                 Distt.- Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Harish Kumar
                 For the Opposite Party/s :    Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   05-02-2026                    Heard learned counsel for the parties.

                                 2 Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 498A/323 and other allied

                   sections of the Indian Penal Code and sections 3 & 4 of the

                   Dowry Prohibition Act.

                                  3. Learned counsel appearing for the petitioner

                   submits that both parties have resolved and settled their dispute

                   in terms of settlement mutually agreed upon by them. A copy of

                   the settlement is annexed with the mediator’s report dated

                   6.5.2025.

                                 4. Learned counsel for opposite party no.2 does not
               Patna High Court CR. MISC. No.62613 of 2024(5) dt.05-02-2026
                                                           2/2




                         controvert the submission of the learned counsel for the

                         petitioner.

                                       5. Considering the mediator’s report, prayer for bail of

                         the petitioner is allowed. In the event of arrest/surrender within

                         six weeks from today, let the petitioner, mentioned above, be

                         enlarged 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 Sub Divisional Judicial Magistrate, Bhagalpur

                         in Complaint Case No. 1075/2018, subject to the conditions laid

                         down under section 482 of the Bharatiya Nagarik Suraksha

                         Sanhita, 2023.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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