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Patna High Court

Md. WahidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, and directed implementation of the mediation settlement.

Summary

Petitioner Md. Wahid sought anticipatory bail fearing arrest in a complaint alleging dowry demands and harassment under Section 85/3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The complaint was filed by Asrana, who claimed a marriage under Muslim law and that the accused demanded Rs.2 lakh and a buffalo, leading to a Panchayati proceeding. The petitioner asserted innocence and presented a mediation report dated 18‑12‑2025 indicating a one‑time settlement between the parties. The State opposed the bail, but the court noted the settlement and granted anticipatory bail with conditions, directing the parties to present the settlement before the lower court for appropriate disposal. The bail was conditioned on a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the BNS.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged dowry harassment under Section 85/3(5) of the BNS.
  • Whether a mediation settlement can be invoked to justify granting anticipatory bail and affect the criminal proceeding.
  • What conditions under Section 482(2) of the BNS are applicable to the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • mediation settlement
  • dowry harassment
  • Section 85/3(5) BNS
  • Section 482(2) BNS
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64688 of 2025
                  Arising Out of PS. Case No.-1936 Year-2024 Thana- COMPLAINT CASE District- Araria
                 ======================================================
                 Md. Wahid S/o- Late Md. Mustafa Village - Sukhasarni Balwan ward no- 9,
                 Ps- Palasi Dist- Arariya

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Asrana D/o- Baharuddin, W/o- Md. Wahid Village- Joginder Bhansiya
                 W.No-10, Po- Gairaki Ps- Mahalgaon Dist- Arariya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pratibha Srivastava, Advocate
                 For the Opposite Party/s :      Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

4   17-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 85/3(5) of the BNS,

                   2023.

                                3. Prosecution story in brief is that complaint case

                   No.1936 C/2024 was filed by Opposite Party No.2 on 28.9.2024

                   in the Court of C.J.M.,Araria against the petitioner and others

                   alleging there is that she was married with petitioner on

                   29.07.2024 in accordance with Muslim law and customs. At the

                   time of marriage, several articles were givne to in-laws in gift.,

                   It is further alleged that after Bidai, the accused persons
Patna High Court CR. MISC. No.64688 of 2025(4) dt.17-01-2026
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          demanded two lakh cash and a Buffalo and finally ousted her

          from the matrimonial house. On 25.09.2024 a Panchayati was

          held but the accused persons were not ready to keep the

          complainant without Rs.2 lakh and a buffalo. Hence the present

          case.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. He further submits that matter has been settled in

          Mediation and learned Mediatior has submitted his report dated

          18.12.2025. The petitioner has no criminal antecedent, as

          statement made in para 3 of the bail application.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the fact that one time settlement has

          arrived at between the parties as is apparent from the Mediation

          report dated 18.12.2025, the petitioner is granted privilege of

          anticipatory bail and the parties are directed to adhere to the

          terms and conditions of the one time settlement. The parties are

          at liberty to bring the one time settlement which has been arrived

          at during Mediation before the learned Court below and learned

          Court below is directed to pass appropriate order in the case in

          accordance with law for disposing the case in terms of the

          settlement.
            Patna High Court CR. MISC. No.64688 of 2025(4) dt.17-01-2026
                                                        3/3




                                   7. Let the petitioner, as named above, in the event of

                      his arrest or surrender within four weeks from today, be

                      enlarged 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 C.J.M., Araria, in connection with

                      Complaint Case No.1936 of 2024, subject to the conditions laid

                      down under section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                                                    (Alok Kumar Sinha, J)
sanjeev/-

U       T


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