Patna High Court
Aditya Kishore AdityaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498-A, 504, 506
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
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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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