Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A
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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