Patna High Court
Rahid AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on the basis of settlement and subject to statutory conditions.
Summary
Rahid Alam, the husband of Tabassum Ara, faced a complaint under Section 498A of the IPC. He applied for bail, asserting that the parties had settled the dispute amicably through family mediation. The counsel for the opposite party confirmed the settlement. The court, considering the settlement and the circumstances, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.S., 2023. The bail is to be effected if the petitioner is arrested or surrenders within eight weeks from the order.
Issues considered
- Whether bail can be granted in a case under Section 498A when the parties have settled the dispute
- Applicability of Section 438(2) CrPC and Section 482 B.N.S.S., 2023 in granting bail
Legislation cited
- Bihar Negotiable Settlement Scheme, 2023 — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A
- marital dispute
- settlement
- CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64277 of 2025
Arising Out of PS. Case No.-1223 Year-2023 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Rahid Alam Son of Islam Resident of Village and Post - Marwa, P.S.- Baisi,
District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tabassum Ara @ Tabwasum Ara Wife of Rahid Alam Resident of Village -
Baluganj, P.O.- Kirora, P.S.- Balrampur, District - Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ranjeet Kumar Singh, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
For the OP-2 : Mr. Mazher Alam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 06-07-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner, husband of opposite party no. 2,
apprehends his arrest in a complaint case punishable for the
offence under Section 498(A) of the Indian Penal Code.
3. At the outset, learned counsel for the petitioner
submits that during pendency of this bail application, by the
intervention of well-wishers and family members, good sense
prevailed in between the parties and both parties have settled the
dispute outside the Court.
4. Learned counsel for the opposite party no. 2 does
not dispute the aforesaid contention and confirms the fact
regarding the settlement entered into between the parties.
Patna High Court CR. MISC. No.64277 of 2025(5) dt.06-07-2026
2/2
5. In view of aforesaid facts and circumstances, the
bail application is allowed. Accordingly, in the 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 J.M. 1 st Class,
Katihar in connection with Complaint Case No. CA 1223 of
2023, subject to condition as laid down under Section 438(2) of
the Cr.P.C./Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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