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Patna High Court

Anand Saurav Jha @ Anand Sourav JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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