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Patna High Court

Hiralal RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Hiralal Ram, sought anticipatory bail in a criminal case (Belaon PS Case No. 33 of 2025) alleging offences under Sections 126(2), 115(2), 85, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that after marrying the informant in 2017, the petitioner and co‑accused tortured and humiliated her, and later expelled her from the matrimonial home. The petitioner contended that the informant’s conduct was hostile, that he had filed a divorce suit on grounds of cruelty which he later withdrew after a mediated settlement, and that he had supported her financially. The informant’s counsel argued that post‑settlement the petitioner resumed harassment. The court, noting the withdrawal of the divorce suit, the mediated settlement, and the petitioner’s claim of having allowed the informant to reside in the matrimonial home, decided to grant anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the petitioner to furnish a bail bond of Rs. 10,000 with two sureties if arrested within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations under Sections 126(2), 115(2), 85, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the compromise and withdrawal of the matrimonial suit affect the discretion to grant bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • domestic violence
  • miserable conduct
  • matrimonial dispute
  • compromise settlement
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68916 of 2025
                    Arising Out of PS. Case No.-33 Year-2025 Thana- BELAW District- Kaimur (Bhabua)
                 ======================================================
                 Hiralal Ram S/o Lal Bahadur Ram R/o Village- Khaira, PO- Chakedihara, PS-
                 Belaon, District- Kaimur

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Sunita Kumari W/o Hiralal Ram, D/o Ram Aashraya Ram R/o vill - Khaira,
                 P.O.- Chakedihara, P.S.- Belaon, Distt.- Kaimur, Presently residing at
                 Village- Harala, PO- Mahuari, PS- Sonhan, District- Kaimur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Pathak, Advocate
                 For the O.P. No. 2       :       Mr. Parwej Khan, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   07-04-2026                   Heard learned Counsel for the parties concerned.

                                2. This application, for grant of anticipatory bail,

                   arises out of Belaon Police Station Case No. 33 of 2025,

                   disclosing offences under Sections 126(2), 115(2), 85, 352 and

                   351(2) of Bharatiya Nyaya Sanhita, 2023.

                                3. As per the allegations made against the petitioner in

                   the FIR, the informant was married to the petitioner in 2017.

                   After the marriage, the petitioner and other accused persons

                   started torturing and humiliating the informant. When the

                   informant objected to the petitioner’s illicit relationship with his

                   bhabhi      (sister-in-law),      ousted      the    informant       from      her

                   matrimonial home.
Patna High Court CR. MISC. No.68916 of 2025(4) dt.07-04-2026
                                            2/3




                       4. Learned Counsel for the petitioner submits that the

          behaviour of the informant was not cordial, and the petitioner

          felt harassed by her cruel conduct, due to which he filed a

          divorce case against the informant bearing Matrimonial Case

          No. 87 of 2025, prior to the lodging of the FIR, on the ground of

          cruelty. The bona fides of the petitioner further evident from the

          fact that he supported the informant in all respects, including

          financially for the completion of her ANM course. The matter

          was referred for mediation by the Bench of this Court, and

          during mediation, the parties arrived at an amicable settlement,

          pursuant to which the informant started living with the

          petitioner. In terms of the compromise before the learned

          Arbitrator, the petitioner also withdrew Matrimonial Case No.

          87 of 2025. However, thereafter, the behaviour of the informant

          again became erratic, and she left the petitioner’s house on

          22.03.2026.

                       5. On the other hand, learned counsel for the

          informant submits that after the compromise, the informant

          started living in her matrimonial home, where the petitioner and

          other accused persons again started harassing and torturing her.

                       6. Regards being had to the submissions made by the

          parties and taking into consideration the materials available on
           Patna High Court CR. MISC. No.68916 of 2025(4) dt.07-04-2026
                                                       3/3




                     record and the fact that pursuant to the compromise the

                     petitioner withdrew the divorce suit in terms of the compromise

                     and allowed the informant to live in the matrimonial home, I am

                     inclined to grant the petitioner privilege of anticipatory bail.

                                  7. This application is, accordingly, 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-VII,

                     Bhabua (Kaimur), in connection with Beloan Police Station

                     Case No. 33 of 2025, 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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