Patna High Court
Md. ImranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and compliance with the mediation settlement, invoking Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioner, Md Imran, sought anticipatory bail fearing arrest in a criminal case (Naugachia P.S. Case No.123/2024) alleging offences under IPC sections 498(A), 323, 379 and 34 relating to dowry demands and an alleged attempted murder of his wife. The petitioner claimed innocence, arguing that the FIR contained vague, omnibus allegations and that the wife was uncooperative. The matter had been referred to mediation, resulting in an amicable settlement signed on 25‑03‑2026, which both parties and the mediator endorsed. Relying on the compromise and the provisions of Section 482(2) of the B.N.S.S. 2023, the Court granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and compliance with the mediation terms. The order conditioned the bail on the petitioner’s surrender within six weeks and adherence to the settlement.
Issues considered
- Whether anticipatory bail can be granted in a case involving serious offences such as dowry harassment and attempted murder.
- Whether the existence of a mediated settlement influences the discretion to grant bail under Section 482(2) of the B.N.S.S. 2023.
- Whether the FIR’s allegations are sufficiently specific to deny bail.
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- mediation settlement
- Section 482
- Bihar criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69363 of 2025
Arising Out of PS. Case No.-123 Year-2024 Thana- NAUGACHIA District- Bhagalpur
======================================================
Md. Imran son of Md. Javed Resident Of Village- Simra Purab Tola, Ps -Nau-
gachia, Dist -Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hojra Begum @ Hajra Begum Wife of Md. Imran Resident Of Village-
Simra ward no. 6, Ps -Naugachia, Dist -Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamlesh Kumar Pathak
For the Opposite Party/s : Mr.Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 01-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Naugachia P.S. Case No. 123 / 2024 dated 11.04.2024 registered
for the offence punishable under Sections 498(A), 323, 379 and
34 of the I.P.C.
3. As per the prosecution case the marriage of the informant
was solemnized with the petitioner 23.07.2015 as per Muslim
rites and rituals and out of the wedlock the informant was
blessed with one female child. It is alleged that the petitioner at
the instance of his family members started demanding dowry
and on 13.03.2024 attempted to kill her but anyhow she saved
her life and fled away from her matrimonial home.
Patna High Court CR. MISC. No.69363 of 2025(4) dt.01-04-2026
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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 from perusal of the F.I.R. it is apparent that
allegation made against the petitioner is general and omnibus in
nature. He next submits that informant is an arrogant lady and
did not co-operate in daily chores of domestic work and used to
very oftenly visit her ‘maika’ without consent of the petitioner.
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 25.03.2026.
6. Learned counsel for 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.
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 Mediator having the terms and conditions of
compromise, I am inclined to grant the petitioner privilege of
Patna High Court CR. MISC. No.69363 of 2025(4) dt.01-04-2026
3/3
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 25.03.2026.
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, Naugachia in connection with Naugachia
P.S. Case No. 123 / 2024 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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