Patna High Court
Vishal Kumar Sahani @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions prescribed under Section 438(2) of the CrPC.
Summary
Vishal Kumar Sahani sought anticipatory bail fearing arrest in a criminal case (Taraiya P.S. Case No. 371 of 2024) for alleged offences under IPC section 498A and Section 3 of the Dowry Prohibition Act. The petitioner and the complainant had resolved their dispute through a mediator, signing an agreement on 6 January 2026 to lead separate lives. Relying on this settlement, the petitioner applied for anticipatory bail. The Patna High Court, noting the resolution of the dispute, granted anticipatory bail under Section 438(2) of the CrPC, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and comply with several conditions, including appearance before the trial court and non‑interference with witnesses. The order also stipulated that failure to comply could lead to cancellation of the bail. The bail was ordered to be effective for four weeks from receipt of the order.
Issues considered
- Whether anticipatory bail can be granted when the parties have settled the dispute through mediation.
- Whether the conditions imposed under Section 438(2) of the CrPC are appropriate in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A IPC
- Dowry Prohibition Act
- mediation
- CrPC Section 438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66701 of 2025
Arising Out of PS. Case No.-371 Year-2024 Thana- TARAIYA District- Saran
======================================================
Vishal Kumar Sahani @ Vishal Kumar S/o- Rajendra Sahni Vill- Nebari, Po-
Pachabhinda, P.S- Taraiya, Dist- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chunni Kumari d/o- Lalbahadur Sahni R/o- Murlipur Po Ps- Taraiya Dist-
Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Adv.
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-03-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection with
Taraiya P.S. Case No. 371 of 2024 for the offence registered under
sections 498A of the IPC and Section ¾ of D.P. Act.
3. Learned counsel for the petitioner and the informant
jointly submit that the issue has been resolved by them before the
Mediator and the Mediator’s report dated 12.01.2026 also records
that the parties signed an agreement on 06.01.2026 which shows that
they will be taking separate route of life in future and will act
accordingly.
4. In that background, since the parties have resolved the
dispute, this Court is inclined to grant him the anticipatory bail with
conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
Patna High Court CR. MISC. No.66701 of 2025(3) dt.19-03-2026
2/2
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned S.D.J.M., Saran at Chapra in
connection with Taraiya P.S. Case No. 371 of 2024 subject to
condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond by
the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise
or threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the bail
bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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