Patna High Court
Sashank Shekhar @ Sasank Shekhar Singh @ MonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court granted anticipatory bail to the petitioner, subject to the conditions of the mediation compromise and a bail bond.
Summary
The petitioner, Sashank Shekhar, sought anticipatory bail in a complaint (No. 146 of 2016) alleging offences under IPC sections 323, 494, 498A, 504 and 34, stemming from a family dispute over a second marriage. The prosecution alleged that the petitioner, after a first marriage, entered a second marriage under family pressure and subsequently abused and assaulted his first wife, also withholding maintenance. The petitioner contended he was falsely implicated and that the complaint was a result of external influence, asserting innocence. The court noted that the matter had been referred to mediation, resulting in a compromise agreement signed on 24‑12‑2025 by both spouses. Considering the settlement, the court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and compliance with the terms of the mediation report and Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted when the parties have reached a mediated compromise.
- Whether the alleged offences under IPC sections 323, 494, 498A, 504 and 34 are dischargeable upon compromise.
- Whether Section 482(2) of the Criminal Procedure Code authorises the High Court to condition anticipatory bail on compliance with a mediation report.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 323, 34, 494, 498A, 504
Subjects
- anticipatory bail
- mediation
- compromise
- IPC offences
- family dispute
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7428 of 2025
Arising Out of PS. Case No.-146 Year-2016 Thana- MADHEPURA COMPALINT CASE
District- Madhepura
======================================================
Sashank Shekhar @ Sasank Shekhar Singh @ Monu S/O Suresh Prasad Singh
Resident of village - Jarauli, Ward No.- 17, P.O- Ratauli, P.S- Pirpra, District-
Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Singh W/O Sashank Shekhar @ Sasank Shekhar Singh @ Monu
Presently residing with her Father Chandrakishore Paswan. R/O -
Gamhariya, P.S- Gamhariya, Dist- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Barun Kumar Singh
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
7 11-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 146 of 2016 dated 15.03.2026 registered
for the offence punishable under Sections 323, 494, 498(A), 504
/ 34 of the I.P.C.
3. The prosecution case in short is that the complainant and
the petitioner fell in love in the year 2006-07 during a Devi
Jagran Program organized in the village of the petitioner and
performed marriage on 10.06.2008 which was not to the liking
of the parents and other family members of the petitioner’s
family due to which the petitioner made arrangements for
Patna High Court CR. MISC. No.7428 of 2025(7) dt.11-02-2026
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alternative accommodation in a rented house in Supaul. The
parents of the petitioner pressurized him to perform second
marriage and under their pressure the petitioner performed
second marriage with one Rinki Singh and thereafter started
torturing, abusing and assaulting the complainant and also
stopped giving money to the complainant to maintain herself.
4. Learned counsel for the petitioner submits that petitioner is
innocent and has falsely been implicated in this case. He further
submits that the complainant herself is not ready to live with the
petitioner and under the influence of others has lodged this case
in which entire family member of the petitioner has been made
accused although they are separate in mess and business. There
is general and omnibus allegation against all the accused
persons without any substance in the same.
5. Learned counsel next submits that the case was sent for
mediation by this Court vide order dated 18.09.2025 and in the
mediation between the husband and wife the case has been
compromised and final mediation report has been prepared and
signed by both petitioner and the Opposite Party No. 2 on
24.12.2025.
6. Learned counsel for O.P. No. 2 supports the argument of
learned counsel for the petitioner regarding amicable settlement
Patna High Court CR. MISC. No.7428 of 2025(7) dt.11-02-2026
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arrived at between the parties through the process of mediation.
7. Considering the fact that the matter has been compromised
between husband and the wife and mediation report has been
submitted by the learned Mediator having the terms and
conditions of compromise, I am inclined to grant the
petitioner privilege of anticipatory bail subject to the condition
that the petitioner shall strictly abide by the terms and
conditions of compromise mentioned in the mediation report
dated 24.12.2025.
8. Let the petitioner, above named, in the event of his arrest /
surrender before the learned court below within a period of six
weeks from today be released on anticipatory bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial Magis-
trate- 1st Class, Madhepura in connection with Complaint Case
No. 146 of 2016 subject to the condition as laid down under
Section 482(2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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