Patna High Court
Anand Saurav Jha @ Anand Sourav JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond, sureties and the conditions prescribed under Section 438(2) of the CrPC.
Summary
Anand Saurav Jha applied for bail in a criminal complaint (Case No. 20 of 2024) alleging offences under IPC sections 498A, 404, 504, 506 and Section 4 of the Dowry Prohibition Act. The petitioner claimed that the dispute with the complainant, Pallabi Mishra, had been resolved through mediation and a settlement was entered into. The Assistant Public Prosecutor did not contest the existence of the settlement and confirmed the same. The Court, considering the settlement and the petitioner’s apprehension of arrest, ordered bail on a bond of Rs.10,000 with two sureties of equal amount, subject to the conditions of Section 438(2) of the CrPC. The bail order was to be effected within eight weeks of the judgment.
Issues considered
- Whether bail should be granted to the petitioner despite pending charges under IPC and the Dowry Prohibition Act.
- Whether the settlement reached through mediation affects the discretion to grant bail under Section 438(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 404, 498A, 504, 506
Subjects
- bail
- mediation
- settlement
- dowry prohibition
- IPC
- CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63493 of 2025
Arising Out of PS. Case No.-20 Year-2024 Thana- COMPLAINT CASE District- Banka
======================================================
Anand Saurav Jha @ Anand Sourav Jha son of Pankaj Kumar Jha Resident of
Village -Chanda, Police Station -Thakur Gangati, District- Godda, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pallabi Mishra Wife of Anand Saurav Jha Resident Of Village- Orhara, Ps-
Rajoun, Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 1 . Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for the
offence punishable under sections 498(A), 404, 504, 506 of the
Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3 . At the outset, learned counsel for the petitioner
submitted that dispute between the parties has been resolved
through the process of mediation .
4. Learned A.P.P does not dispute with not dispute the
aforesaid contention and confirms the fact regarding the
settlement entered into between the parties.
5 . In view of aforesaid facts and circumstances, in the
Patna High Court CR. MISC. No.63493 of 2025(4) dt.08-01-2026
2/2
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, as named 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 learned
Judicial Magistrate 1st Class, Banka in connection with
Complaint Case No. 20 of 2024 , subject to condition as laid
down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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