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Patna High Court

Aditya Kishore AdityaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and conditions under the CrPC and BNSS.

Summary

The petitioner, Aditya Kishore, was arrested in Mahila Police Station Case No.19 of 2023 on charges of mental and physical cruelty and dowry harassment under various IPC and Dowry Prohibition Act sections. He filed a bail petition, contending that the allegations were vague and that he and the complainant had settled all disputes through a joint compromise filed in the Family Court, including matters of maintenance and child custody. The opposite party, Neha Kumari, did not appear despite notice. The court examined the settlement annexure and found that the parties had indeed resolved their differences. Consequently, the court ordered the petitioner’s release on bail, requiring a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner despite pending charges of mental and physical cruelty and dowry harassment
  • Whether the settlement between the parties extinguishes the necessity of continued detention

Legislation cited

Subjects

  • bail
  • mental cruelty
  • physical cruelty
  • dowry harassment
  • settlement
  • family court compromise
  • CrPC
  • BNSS
  • Mahila Police Station case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63274 of 2024
                      Arising Out of PS. Case No.-19 Year-2023 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 Aditya Kishore Aditya, S/o Arun Kishore Arun, R/o Flat No. 401, SLD
                 Apartment near S.B.I., P.S.- Kanker Bagh, District- Patna.
                                                                            ... ... Petitioner
                                                    Versus

           1.    The State of Bihar
           2.    Neha Kumari, D/o Vijay Kumar, R/o Mohalla-Karman Tola, Ara, P.S.- Ara
                 Nawada, Dist- Bhojpur

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vishal Saurabh, Advocate
                 For the Opposite Party/s :        Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   03-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Mahila P.S. Case

                   No.19 of 2023 registered under Sections 341, 323, 504,

                   506, 498-A read with 34 of the Indian Penal Code as well as

                   Sections 3 and 4 of the Dowry Prohibition Act.

                                3. Allegation against petitioner is to commit mental

                   and physical cruelty upon informant due to non-fulfilment of

                   demand of a four-wheeler vehicle.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.63274 of 2024(7) dt.03-02-2026
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          petitioner that the allegation qua physical and mental cruelty

          is appearing very much general and omnibus against the

          petitioner and moreover the petitioner and informant has

          settled their disputes and differences in terms of Annexure-4,

          which is a joint compromise petition preferred before learned

          Family Court as to dissolve their marriage in pending case i.e.

          Matrimonial Case No.130 of 2024. It is submitted that the

          other related issues qua maintenance and custody of children

          also appears settled between the parties through Annexure-4

          and, as such, there is not dispute and differences existing

          between the parties for the present.

                       5. Heard learned APP.

                       6. Despite of service of notice, none turned up to

          join the present proceeding on behalf of O.P. No.2.

                       7. In view of aforesaid factual submissions and by

          taking note of Annexure-4 as pointed out by learned counsel

          appearing for petitioner prima facie it appears that the parties

          have settled their issues and differences, accordingly, the

          petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks
            Patna High Court CR. MISC. No.63274 of 2024(7) dt.03-02-2026
                                                        3/3




                      from today, is directed to be released on bail on furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the

                      learned S.D.J.M., Ara, Bhojpur in connection with Mahila P.S.

                      Case No.19 of 2023, subject to the conditions as laid down

                      under Section 438(2) of the Code of Criminal Procedure (in

                      short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                      Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                        (Chandra Shekhar Jha, J.)
    Sanjeet/-

U       T


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