Patna High Court
Punit Kumar @ Puneet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to the conditions of the mediation settlement and a bail bond.
Summary
The petitioner, Punit Kumar, feared arrest in a dowry‑related case (Mahila Case No. 76 of 2023) alleging offences under Sections 341, 323, 498‑A, 504, 506/34 of the IPC and the Dowry Prohibition Act. The prosecution alleged that after marriage the petitioner took the wife to Delhi, later the wife’s in‑laws demanded additional dowry, kept her hungry, assaulted her and expelled her from the matrimonial home. The petitioner claimed innocence and that the matter had been referred to mediation, resulting in an amicable settlement signed by both parties on 19‑03‑2026. The respondent’s counsel concurred with the settlement. The Court, noting the compromise and the mediation report, granted anticipatory bail subject to compliance with the settlement terms and a bail bond of Rs 10,000 with two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted in a dowry‑related criminal case where the parties have reached a mediated settlement.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the Court to discharge the petitioner on bail despite pending charges under the IPC and Dowry Prohibition Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 498-A, 504, 506/34
Subjects
- anticipatory bail
- dowry harassment
- mediation
- compromise
- criminal procedure
- Section 482
- IPC
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71206 of 2025
Arising Out of PS. Case No.-76 Year-2023 Thana- MAHILA P.S. District- Lakhisarai
======================================================
Punit Kumar @ Puneet Kumar S/o Prakash Sharma R/o- Barki Hathiya, P.S.-
Haveli Kharagpur, District - Munger
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sujata Kumari D/o Laxman Thakur R/o- Pachhna Road, Bishari asthan, P.S.-
Kavaiya, Dist.- Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the O.P. No.2 : Mr. Sanjeev Kumar, Advocate
Mr. Ritesh Kumar Narain Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 09-04-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Lakhisarai Mahila Case No. 76 of 2023, registered for the
offences punishable under Sections 341, 323, 498-A, 504 and
506/34 of the Indian Penal Code and Section ¾ of Dowry
Prohibition Act.
3. As per the prosecution case, the marriage of the
informant was solemnized with the petitioner on 07.02.2022 as
per Hindue rites and rituals, with consent of both parties. Fifteen
days after the marriage, the informant was taken to Delhi by the
petitioner and returned after 13 months. Thereafter, the
informant’s in-laws started demanding further dowry from her
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parents and they used to keep the informant empty stomach
without providing any meal. It is further alleged that the accused
persons ultimately assaulted the informant and expelled her
from her matrimonial home, after which she has been residing at
her father’s house.
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 matter was sent for
mediation by this Court vide order dated 11.02.2026 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 19.03.2026.
5. Learned counsel for the 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.
6. 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
Patna High Court CR. MISC. No.71206 of 2025(5) dt.09-04-2026
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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 06.04.2026.
7. Accordingly, the prayer for bail 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 Sub Divisional Judicial Magistrate,
Lakhisarai, in connection with Lakhisarai Mahila Police Station
Case No. 76 of 2023, 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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