Patna High Court
Avinash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner on the condition of a bail bond and sureties, in view of the mediated settlement and applicable statutory provisions.
Summary
The petitioner, Avinash Kumar Singh, was arrested in connection with a complaint alleging mental and physical cruelty and dowry demand of Rs.15 lakhs, filed under Sections 85, 76, 109, 316(2) and 3(5) of the Bihar Negotiable Security Act, 2023. Both parties subsequently entered into a mediated settlement, documented in a mediation report dated 01‑07‑2026, which was accepted by the informant and the court. The petitioner’s counsel applied for bail, arguing that the dispute had been resolved and that continued detention would be unnecessary. The court noted the compromise, the presence of both parties, and the statutory provisions governing bail in pending criminal matters. Accordingly, the court directed the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively grants bail while the underlying criminal case remains pending.
Issues considered
- Whether bail can be granted in a criminal case where the parties have reached a mediated settlement.
- Whether Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable Security Act, 2023, permit release on bail despite pending charges.
Legislation cited
- Bihar Negotiable Security Act, 2023 — s. 109, 316(2), 3(5), 482(2), 76, 85
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- mediation
- dowry harassment
- criminal procedure
- settlement
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64935 of 2025
Arising Out of PS. Case No.-12200 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Avinash Kumar Singh S/o Late Raj Nandan Singh Resident of Mohalla- Maal
Ki Kachahari, Choti Nagala, Gopal ji ka Bagicha, Mobile Tower Campus,
Patna, P.S.- Malsalami, District- Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Sonam Arya D/o Ashok Prasad R/o Chandra Niwash, House No. 21A, Indra
Puri Road No. 7C, P.S.- Paltiputra, Distt- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 06-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. Mediation Report submitted across the board,
which was taken on record.
3. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Complaint Case
No.12200(c) of 2024 registered under Sections 85, 76,
109, 316(2), and 3(5) of B.N.S, 2023.
4. Allegation against the petitioner is commit
mental and physical cruelty upon the complainant along with
his family members/accused persons due to non fulfillment
Patna High Court CR. MISC. No.64935 of 2025(7) dt.06-07-2026
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of demand of dowry as alleged for a cash of Rs. 15 lakhs.
5. It is submitted by learned counsel appearing for
the petitioner that the matter is now settled between the
parties in terms of mediation report dated 01.07.2026
arising out of Mediation Proceeding No. 348/ 2026.
6. Learned counsel for the informant also approved
the factum of compromise.
7. Both parties are also present in person and said
that they settled their dispute and differences.
8. In view of aforesaid factual submissions and by
taking note of fact as parties settled their dispute and
differences through mediation proceeding in terms of
Mediation Report dated 01.07.2026, as mentioned aforesaid,
accordingly, the petitioner, above-named, in the event of his
arrest or surrender in the court below within a period of four
weeks from today, is directed to be released 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 J.M. 1st Class, Patna, in connection with
Complaint Case No. 12200(c) of 2024, subject to the
Patna High Court CR. MISC. No.64935 of 2025(7) dt.06-07-2026
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conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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