Patna High Court
ANUPAM SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, subject to a bond and sureties, considering the prima facie amicable settlement and pending compromise petition.
Summary
The petitioner, Anupam Singh, was named in an FIR for offences including cruelty, assault, and criminal intimidation under various sections of the IPC and the Domestic Violence Protection Act. He sought bail, arguing that an amicable settlement had already been filed in a related divorce proceeding pending before the Family Court in New Delhi, and a compromise petition was filed before the trial court. The opposing party opposed bail, and the second respondent did not appear despite notice. The court noted the prima facie settlement between the parties and the existence of a compromise petition, and consequently directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was conditioned on surrender within four weeks and compliance with the trial court’s requirements. The decision reflects the court’s discretion to grant bail where the matter appears settled and the accused is not a flight risk.
Issues considered
- Whether bail should be granted to the petitioner despite the pending criminal charges under IPC and the D.P. Act.
- Whether the existence of a compromise petition and pending family court proceedings influences the grant of bail.
Legislation cited
- Bihar Negotiable Instruments (or relevant) Statute — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Domestic Violence Protection Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498-A, 504, 506
Subjects
- bail
- amicable settlement
- compromise petition
- IPC offences
- Domestic Violence
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72940 of 2023
Arising Out of PS. Case No.-518 Year-2022 Thana- BHAGWAN BAZAR District- Saran
======================================================
ANUPAM SINGH SON OF SRI KANHAIYA SINGH @ KANHAIYA
PRASAD SINGH RESIDENT OF VILLAGE - KARAHIYA (GAHMAR),
P.S. - GAHMAR, DISTRICT - GAZIPUR, UTTAR PRADESH
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. PRIYANKA KUMARI DAUGHTER OF SUBEDAR VINAY KUMAR
SINGH (RETD.) @ VINAY KUMAR RESIDENT OF MASUMGANJ,
NEW BASTI, P.S. - BHAGWAN BAZAR, DISTRICT - SARAN
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Adv
: Ms. Parul Priya, Adv
For the Opposite Party/s : Mr. Braj Kishore Pd. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
10 20-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bhagwan Bazar P.S.
Case No. 518 of 2022 registered for the offences punishable under
Sections 341, 323, 498-A, 504, 506 and 34 of the Indian Penal
Code and Sections ¾ of the D.P. Act.
3. The allegation against petitioner is to commit cruelty
upon informant. Allegation of physical assault is also available
against petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that process of amicable settlement has
already been filed by the parties in the divorce petition, which is
pending before Family Court, Patiala, New Delhi. It is pointed out
that compromise petition has already been filed before learned
Trial Court which now made available to this Court by way of
Patna High Court CR. MISC. No.72940 of 2023(10) dt.20-01-2026
2/2
affidavit and as this matter is pending before this Court since
2023, learned Trial Court is not entertaining the withdrawal
petition.
5. Learned APP opposes the prayer of bail.
6. Despite service of notice, none appeared on behalf of
O.P. No. 2.
7. In view of aforesaid factual submission and by taking
note of fact as issues and differences prima-facie appears amicably
settled between the parties, where compromise petition has
already been filed in the present case, accordingly petitioner
above-named, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M. Saran at Chapra/concerned
Court, where the case is pending in connection with Bhagwan
Bazar P.S. Case No. 518 of 2022, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/ Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.