Patna High Court
Md. Shahadat @ Md. SahadatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 323, 379, 494, 498A
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
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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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