Patna High Court
Rajiv Ranjan Kumar @ Rajiv RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to the conditions of the mediation settlement and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioner Rajiv Ranjan Kumar sought anticipatory bail in a criminal case (PS Phulwarisharif Case No. 187 of 2015) alleging offences under Sections 498A and 494 of the Indian Penal Code. The prosecution alleged marital discord, the death of a newborn, and extortion. The petitioner claimed innocence and argued that the matter had been referred to mediation, resulting in an amicable settlement signed by both spouses on 31 March 2026. The respondent’s counsel supported the settlement. The Court, noting the compromise and the mediation report, granted anticipatory bail subject to compliance with the settlement terms and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, ordering a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under Sections 498A and 494 IPC when the parties have reached a mediated settlement.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 494, 498A
Subjects
- anticipatory bail
- mediation
- compromise
- IPC 498A
- domestic violence
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68902 of 2025
Arising Out of PS. Case No.-187 Year-2015 Thana- PHULWARISHARIF District- Patna
======================================================
Rajiv Ranjan Kumar @ Rajiv Ranjan S/O Late Banwari Sharma Resident of
Village- Sona, P.S.- Naubatpur, Dist.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari D/O Sachidanand Singh, W/O Rajiv Ranjan Kumar R/O Vill.-
Manjhauli, P.S.- Phulwari Sharif, Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ejaz Akhtar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 07-04-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Phulwarisharif Police Station Case No. 187 of 2015, dated
registered for the offence punishable under Sections 498A and
494 of the Indian Penal Code.
3. The prosecution case, in brief, is that the informant
was married to the petitioner in the year 2000 as per Hindu rites
and rituals and out of wedlock a male child was born who
unfortunately died after two days. It is further alleged that about
two months before her husband assaulted her and threatened
that unless she brings Rs. 5 lakh from her parental home, she
would have to remain there, while he would marry with one
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Anju Kumari
4. Learned Counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case inasmuch as he has not committed any offence in the
manner alleged. He further submits that the matter was sent for
mediation by this Court vide order dated 21.01.2026 and final
mediation report is on record (flag-‘M”). From perusal of the
same it appears that both husband and wife arrived at amicable
settlement and have jointly signed the agreement containing
terms and conditions of compromise on 31.03.2026.
5. Learned counsel for the O.P. No. 2 supports the
argument of learned counsel for the petitioner regarding
amicable settlement arrived at between the parties through the
process of mediation.
6. Considering the fact that the matter has been
compromised and both husband and wife has arrived at
amicable settlement before the learned Mediator and mediation
report has been submitted by the learned Mediator having the
terms and conditions of compromise, I am inclined to grant the
petitioner privilege of anticipatory bail subject to the condition
that the parties shall abide by the terms and conditions entered
into between them before the learned Mediator mentioned in the
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mediation report dated 31.03.2026.
7. Accordingly, the prayer for bail allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-II,
Patna, in connection with Phulwarisharif Police Station Case
No. 187 of 2015, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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