Patna High Court
Md. WahidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2), 85/3(5)
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/-
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