Patna High Court
Hiralal RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 351(2), 352, 85
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/-
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