Patna High Court
Mithilesh Yadav @ Mithilesh Kumar Yadav @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail, subject to a bail bond and compliance with the settlement terms, reserving the right to cancel bail if the agreement is breached.
Summary
Mithilesh Yadav applied for anticipatory bail fearing arrest in a criminal complaint (Case No. 43 of 2021) alleging offences under IPC sections 498‑A, 494 and the Domestic Violence Act. The petitioner claimed innocence and submitted a settlement agreement with his wife, Meera Kumari, wherein he would pay Rs.5 lakh in instalments and both parties would file a mutual consent divorce under Section 13(B) of the Hindu Marriage Act, withdrawing all pending cases. The court examined whether the settlement extinguished the criminal liability and whether anticipatory bail could be granted. Relying on the provisions of Section 438(2) of the CrPC and Section 482 of the BNSS, the court allowed the anticipatory bail application, subject to a bail bond of Rs.10,000 with two sureties and the condition that the agreement be honoured. The order also warned that any breach of the settlement would permit the complainant to seek cancellation of the bail.
Issues considered
- Whether a settlement agreement between the accused and the complainant can bar the grant of anticipatory bail in a criminal case under IPC 498‑A, 494 and the D.P. Act.
- Whether the court can condition anticipatory bail on compliance with the terms of the settlement and the filing of a mutual consent divorce.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Hindu Marriage Act, 1955 — s. 13(B)
- Indian Penal Code — s. 494, 498-A
Subjects
- anticipatory bail
- settlement agreement
- IPC 498-A
- domestic violence
- mutual consent divorce
- Section 438 CrPC
- Section 13(B) Hindu Marriage Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71921 of 2024
Arising Out of PS. Case No.-43 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Mithilesh Yadav @ Mithilesh Kumar Yadav @ Mithilesh Kumar So nof
Batahu Yadav Resident of Village - Mahuli, P.S. - Rosra, District - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Meera Kumari Wife of Mithilesh Yadav, Daughter of Ramdev Yadav
Resident of Village - Pipra Tole - Chharpatti, P.S. - Hasanpur, District -
Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 43 of 2021 registered for
the offence under Sections 498-A and 494 of the Indian Penal
Code and under Section ¾ of the D.P. Act.
3. As per the prosecution case, the petitioner is
said to have assaulted the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner and the opposite party no. 02 have settled their
Patna High Court CR. MISC. No.71921 of 2024(6) dt.09-02-2026
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disputes and the memorandum of agreement has also been filed
which reads as under:-
1. That after great persuasion both the
parties agreed to live separately and for this the
Petitioner (Mithilesh Yadav Mithilesh Kumar
Yadav @Mithilesh Kumar) offered to pay
Rs.5,00,000/-(Rupees Five Lakh Only) as full and
final settlement amount to the Opposite Party No.2
(Meera Kumari). Opposite Party No.2 accepted the
offer and gave her consent.
2. That the husband/petitioner agreed
to pay the aforesaid settlement amount in the sum
of Rs.5,00,000/-(Rupees Five Lakh Only) in seven
instalments in following manner:-
(A) The Petitioner (Mithilesh Yadav
Mithilesh Kumar Yadav @ Mithilesh Kumar) shall
pay first instalment of Rs.1,00,000/- (Rupees One
Lakh) at the time of furnishing bail bond in the
concerned Court. the payment shall be made
through Bank Draft in the name of opposite party
No. 2 (Meera Kumari), 2nd instalment of Rs.
1,00,000/-(Rupees One Lakh) at the time filing and
first appearing of joint mutual divorce petition
before the Ld. Principal Judge, Family Court,
Samastipur. The payment shall be made through
Bank Draft in the name of Opposite Party No.2
(Meera Kumari), third to sixth monthly instalments
of Rs.50,000/- (Rupees Fifty Thousand) shall be
paid to opposite party No. 2 by way of bank draft
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on or before 15th of every month after filing and
appearing of both the parties in mutual consent
divorce case U/s 13(B) of Hindu Marriage Act
before the Family Court, Smastipur. The last and
final instalment of Rs.1,00,000/- (Rupees One
Lakh) shall be paid to the Opposite Party No.2 on
the date of final evidence and witness by both the
parties in divorce case.
3. That after filing the mutual divorce
case the Opposite Party No.2 will file a
compromise petition before the Ld. Court below in
connection with Samastipur Complaint Case No.43
of 2021 and both the paties will appear before the
Ld. Court below for compounding the Complaint
Case.
4. That the petitioner will do all the
necessary formalities of making Aadhar Card of
both the child which were born with the wedlock of
the parties before the filing of first motion of
divorce and same proof of Aadhar making is
attached with divorce application.
5. That both the parties have agreed to
file the mutual divorce petition in terms of Section
13 (B) of the Hindu Marriage Act, before the
Principal Judge, Family Court, Samastipur with
period of 30 days of furnishing bail bond.
6. That both the parties have further
agreed to withdraw respective cases Civil/Criminal
in nature filed against each other in the light of
settlement of dispute soon after filing of the mutual
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divorce petition.
7. This settlement shall be full and
final settlement and no party shall claim in future
against each other, in any manner.
8. That both the parties agreed to file
mutual consent divorce case under section 13 (B)
of Hindu Marriage Act, 1955, before Principal
Judge, Family Court, Samastipur as mentioned
above and after that both the parties are free to
lead their life as per their own will.
9. That the above contents of the
agreement have been read over and explained to us
in Hindi which are have fully understood and
accepted there upon.
10. That in the above terms and
conditions the present settlement has been arrived
at between the parties and both parties have.
signed in presence of their learned counsels, who
have also put their signature on this agreement.
5. Considering the settlement between the parties,
this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest, be released on anticipatory bail upon furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the jurisdictional
investigating officer in connection with Samastipur Complaint
Case No. 43 of 2021, subject to the conditions laid down in
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Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS
7. It is made clear that if the petitioner resiles from
the terms of agreement then the complainant will be at liberty to
approach this Court again by filing a bail cancellation
application.
(Sandeep Kumar, J)
Vikas/-
U
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