Patna High Court
Bechan Kumar Mahato @ Bechan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Bechan Kumar Mahato, faced arrest in a dowry harassment case (Complaint No. 804(C) of 2023) alleging offences under Section 498A IPC read with Section 34 and Sections 3 and 4 of the Dowry Prohibition Act. He claimed innocence and that the dispute had been amicably settled through a mediation agreement, wherein the victim agreed to withdraw the case within three months. The petitioner sought anticipatory bail to avoid arrest. The court examined whether the settlement and the nature of the offences permitted the grant of anticipatory bail. Relying on Section 482(2) of the B.N.S.S., the court allowed the petition for anticipatory bail, imposing a bond of Rs.10,000 with two sureties and standard bail conditions. The order directed that the bail be effective if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether anticipatory bail can be granted in a dowry harassment case under Section 498A IPC read with Section 34 and the Dowry Prohibition Act.
- Whether a mediation settlement and the victim's undertaking to withdraw the case affect the grant of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied for anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- mediation settlement
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73077 of 2025
Arising Out of PS. Case No.-804 Year-2023 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Bechan Kumar Mahato @ Bechan Kumar S/o Late Mahavir Mahto R/o Vill.-
Patori, Ward No.3, P.S.- Bihra, Dist.- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Juli Kumari D/O Bhuneshwari Mahto R/o Vill.- Bihra, Ward No. 02, P.S.-
Bihra, Dist.- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 804(C) of 2023 registered for offences
under Section 498(A)/34 of the I.P.C. read with Section 3/4 of
the D.P. Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and he has falsely been implicated in
this case. Learned counsel submits that the parties have settled
Patna High Court CR. MISC. No.73077 of 2025(4) dt.18-06-2026
2/3
the dispute and the memorandum of agreement has been signed.
The memorandum of agreement reads as follows:-
“Both parties along with their respective
learned counsels are present. The dispute
between the parties have now been amicably
settled under following conditions:-
1. The petitioner is ready to keep O.P.
No. 2 with full love, care and dignity.
2. The petitioner shall keep O.P. No. 2 at
the place where he ordinarily resides.
3. The petitioner shall never verbally
abuse or physically assault the O.P. No. 2 and
O.P. No. 2 has also agreed that she will take
care of her husband with full love, care and
dignity.
4. The petitioner shall take O.P. No. 2 to
his residential place right from this Mediation
Centre itself today.
5. The O.P. No. 2 is agreed to withdraw
the present case from the learned Court below
within a period of three months from today. With
the above stated terms and conditions, this
mediation proceeding stands settled and
successful.”
5. In view of the above, the prayer for anticipatory
bail is allowed.
6. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.73077 of 2025(4) dt.18-06-2026
3/3
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Court below where the case is pending/successor Court in
connection with Complaint Case No. 804(C) of 2023, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Sandeep Kumar, J)
sadique/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.