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Patna High Court

Rahid AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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