Patna High Court
Ujjawal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting provisional bail to the petitioner subject to statutory conditions.
Summary
The petitioner, Ujjawal Kumar, feared arrest in a criminal case (Tariyani P.S. Case No. 164 of 2024) involving several offences under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The parties resolved their dispute through the Patna High Court Mediation Centre and signed a memorandum of agreement on 5 August 2025. The petitioner applied for bail, while the opposite party (Ritu Kumari) consented to the fact of cohabitation and requested an extension of provisional bail. The Court, noting the settlement, allowed the bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC. All pending interlocutory applications were ordered disposed.
Issues considered
- Whether bail should be granted to the petitioner despite pending charges under multiple sections of the BNSS and the Dowry Prohibition Act, given that the parties have settled the dispute through mediation.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 482, 85, 89
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- mediation
- settlement
- criminal procedure
- dowry prohibition
- Bharatiya Nyaya Sanhita
- Section 482
- Section 438
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7157 of 2025
Arising Out of PS. Case No.-164 Year-2024 Thana- TARIYANI CHOWK District- Sheohar
======================================================
Ujjawal Kumar S/O Ram Niwas Chaudhary R/O Gram-Sidhorawa, P.O-
Rampur Gangauli, P.S. - Riga, District - Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ritu Kumari D/O Kamlesh Singh R/O Vill.- Salempur,P.S- Tariyani,Dist-
Shivhar, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar, Advocate
For the State : Mr.Harendra Prasad, APP
For the OP No. 2 : Mr. Amresh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 24-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the O.P. No. 2.
2. The petitioner apprehends arrest in connection
with Tariyani P.S. Case No. 164 of 2024 instituted under
Sections 126(2), 115(2), 89, 85, 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita and Section 3 and 4 of the Dowry
Prohibition Act.
3. The parties have settled their dispute in the Patna
High Court Mediation Centre and the Memorandum of
Agreement has been signed by both of them on 05.08.2025.
4. Learned counsel for the petitioner submits that the
petitioner is staying with his wife i.e., opposite party no. 2.
Patna High Court CR. MISC. No.7157 of 2025(7) dt.24-02-2026
2/2
5. Learned counsel for the opposite party no. 2 has
also accepted this fact but has submitted that the provisional
bail be extended to the petitioner and the matter be kept
pending in this Court.
6. Considering the fact that the matter has been
settled between the parties in the Mediation centre, this
application is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Shivhar/ concerned Court in connection with
Tariyani P.S. Case No. 164 of 2024, subject to the conditions
laid down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
8. Pending, Interlocutory Application(s), if any, shall
stand disposed of.
(Sandeep Kumar, J)
P. Kumar
U T
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