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Patna High Court

Md. Shahadat @ Md. SahadatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to compliance with the mediation settlement and the conditions prescribed under Section 482(2) of the B.N.S.S. 2023.

Summary

The petitioner, Md. Shahadat, sought anticipatory bail in a complaint (Case No. 885 of 2023) alleging offences under IPC sections 323, 494, 379 and 498A relating to dowry harassment, assault and other crimes. The prosecution alleged that the petitioner demanded dowry, abused his wife and was involved in illicit relationships, leading to her mental and physical torture and eviction. The petitioner contended that the allegations were false, filed after 14 years of marriage, and that the case was baseless. The court noted that the matter had been referred to mediation, resulting in an amicable settlement signed on 27‑02‑2026, which both parties endorsed. Accordingly, the court granted anticipatory bail, subject to a bail bond of Rs.10,000, two sureties, and compliance with the terms of the mediation settlement under Section 482(2) of the B.N.S.S. 2023.

Issues considered

  • Whether anticipatory bail can be granted in a case involving IPC offences 323, 494, 379 and 498A when the parties have reached a settlement through mediation.
  • Whether Section 482(2) of the B.N.S.S. 2023 authorises the court to grant anticipatory bail in such circumstances.
  • Whether a mediation settlement extinguishes or bars the continuation of criminal proceedings.

Legislation cited

Subjects

  • anticipatory bail
  • mediation
  • settlement
  • IPC
  • dowry harassment
  • Section 482
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.69262 of 2025
                  Arising Out of PS. Case No.-885 Year-2023 Thana- COMPLAINT CASE - ROSERA Dis-
                                                     trict- Samastipur
                 ======================================================
                 Md. Shahadat @ Md. Sahadat Son of Md. Ibrahim Resident of Village-
                 Laxminiya Tole Navtoliya (Lavtoliya), P.S.- Kusheshwar Asthan, District-
                 Darbhanga

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Patna
           2.    Khairun Nisha @ Khairun Khatoon Wife of Md. Shahadat R/O Vill-
                 Laxminiya Tola Lavtoliya, P.S.- Kusheshwar Asthan, District- Darbhanga.
                 Present Address- Daughter of Jalil Nadaf, R/O Vill.- Manorwa Khaira, P.S.-
                 Bithan, District- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s          :      Mr.Nilendu Kumar Choudhary
                 For the Opposite Party/s      :      Mr.Nirmal Kumar Sinha
                 For the informant             :      Mr. Vijay Kumar
                                                      Mr. Brahmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   01-04-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Complaint Case No. 885 of 2023 dated 11.12.2023 registered

                   for the offence punishable under Sections 323 / 494 / 379 /

                   498(A) of the I.P.C.

                       3. The prosecution case in short is that marriage of the com-

                   plainant was solemnized with the petitioner in the year 2008 as

                   per Muslim rites and rituals and out of the wedlock three

                   children were born. It is alleged that in 2016 the petitioner

                   developed illicit relationship with one Shabnam Khatoon which
Patna High Court CR. MISC. No.69262 of 2025(6) dt.01-04-2026
                                            2/3




          was opposed by the complainant due to which she was abused

          and assaulted and later on the petitioner demanded Rs. 2 Lakh

          as dowry from the complainant and due to non-fulfillment of the

          demand she was tortured mentally and physically and lastly the

          complainant was ousted from her matrimonial home.

              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 complainant always pressurized the

          petitioner to desert his family and stay separately. The present

          complaint has been filed after 14 years of marriage which itself

          falsifies the prosecution case. There is general and omnibus

          allegation against all the accused persons without any substance

          in the same.

              5. Learned counsel next submits that the matter was sent for

          mediation by this Court vide order dated 17.01.2026 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 27.02.2026.

              6. Learned counsel for O.P. No. 2 supports the argument of

          learned counsel for the petitioner regarding amicable settlement
               Patna High Court CR. MISC. No.69262 of 2025(6) dt.01-04-2026
                                                           3/3




                         arrived at between the parties through the process of mediation.

                             7. 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

                         mediation report dated 27.02.2026.

                             8. Let the petitioner, above named, in the event of his arrest /

                         surrender before the learned court below within a period of six

                         weeks from today be released on anticipatory bail on furnishing

                         bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

                         like amount each to the satisfaction of learned Sub Divisional

                         Judicial Magistrate, Rosera, Samastipur in connection with

                         Complaint Case No. 885 of 2023 subject to the condition as laid

                         down under Section 482(2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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