Patna High Court
Vijay Kumar Rajak @ Vijay BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS, considering the mediation settlement.
Summary
Vijay Kumar Rajak was arrested in connection with a complaint alleging offences under IPC sections 323, 504, 506, 379, 498A/34 and Section 4 of the Dowry Prohibition Act, relating to alleged cruelty and dowry demand. The petitioner argued that the allegations were vague and that the dispute had been resolved through a court‑ordered mediation, as evidenced by the mediation report dated 18‑11‑2025 and a settlement agreement signed by the parties. The State and the complainant’s counsel accepted that the dispute appeared settled. The Court, noting the mediation outcome, directed that the petitioner be released on bail within four weeks upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. A bank demand draft of Rs.1 lakh, representing the settlement amount, was handed over to the complainant’s counsel and accepted. Consequently, the petition for bail was granted and the matter was disposed.
Issues considered
- Whether the settlement of the civil dispute through mediation warrants the grant of bail in a criminal case involving alleged dowry‑related offences.
- Whether the allegations under the IPC and Dowry Prohibition Act remain cognizable despite the parties’ agreement.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 4
- Indian Penal Code — s. 323, 34, 379, 498A, 504, 506
Subjects
- bail
- dowry harassment
- mediation
- criminal procedure
- IPC
- settlement
- Section 438
- Section 482
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6674 of 2025
Arising Out of PS. Case No.-1289 Year-2022 Thana- SIWAN COMPLAINT CASE District-
Siwan
======================================================
Vijay Kumar Rajak @ Vijay Baitha Son of Late Tilak Baitha Residant of
Chitakhal, Ps- Guthni, dist- siwan
... ... Petitioner
Versus
1. The State of Bihar
2. Babita Devi W/O- Vijay Baitha, R/O vill- Chitakhal, P.S.- Guthni, Dist.-
Siwan
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Ms.Abhilasha Jha, Advocate
Mr.Vijay Shanker Tiwari, Advocate
For the State : Mr.Gulnar Begum, APP
For the O.P. No.2 : Mr.Irshad Ahmad Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 15-01-2026 Heard learned counsel for the petitioner and learned APP
for the State duly assisted by learned counsel for the informant.
2. The accused-petitioner, named in the complaint, is
apprehending his arrest in connection with Complaint Case No.
1289 of 2022 registered for the offences punishable under
Sections 323, 504, 506, 379, 498A/34 of the Indian Penal
Code and Section 4 of the Dowry Prohibition Act, 1961.
3. The allegation against the petitioner is to commit
cruelty upon the daughter of informant alongwith other co-
accused/family members due to non-fulfillment of demand of
dowry as raised for a cash of Rs. Three Lakhs alongwith one
Patna High Court CR. MISC. No.6674 of 2025(7) dt.15-01-2026
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motorcycle.
4. It is submitted by Ms. Abhilasha Jha, learned counsel
appearing on behalf of the petitioner that allegation leveled
against the petitioner is general and omnibus qua alleged
cruelty. It is pointed out that the matter was referred to
Mediation Centre of this Hon’ble Court, where dispute and
differences between the parties has already settled in terms of
the report of mediation proceeding No. 1039 of 2025 dated
18.11.2025. It is submitted that terms and agreement between
the parties duly signed by them.
5. Learned A.P.P. for the State duly assisted by Mr.
Irshad Ahmad Khan, learned counsel appearing for the
complainant/O.P. No.2, affirmed the aforesaid submission that
now the dispute and differences between the parties appears
settled.
6. In view of the aforesaid factual submissions and by
taking note of the fact as the dispute and differences between
the parties appears settled in terms of aforesaid mediator’s
report dated 18.11.2025, accordingly, above-named petitioner,
in the event of his arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on furnishing
Patna High Court CR. MISC. No.6674 of 2025(7) dt.15-01-2026
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of bail bond of Rs.10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Siwan/concerned court in
connection with Complaint Case No. 1289 of 2022, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
7. Ms. Abhilasha Jha, learned counsel appearing for the
petitioner handed over a Bank Demand Draft to Mr. Irshad
Ahmad Khan, learned counsel for the complainant/ O.P. No.2
bearing No. 425412 dated 05.01.2026, in favour of Babita
Kumari (complainant/ O.P. No.2) for a sum of Rs. One Lakh
only in terms of aforesaid mediation proceeding. Mr. Khan,
learned counsel for the complainant/O.P. No.2 endorsed the
same and accepted the aforesaid bank demand draft before this
Court.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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