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Patna High Court

Dheeraj Kumar ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is appropriate as the parties have amicably settled the dispute through mediation, and it may be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Dheeraj Kumar Chauhan, sought anticipatory bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act, alleging he was falsely implicated in dowry‑related harassment and torture of his wife. The prosecution alleged that the petitioner and others demanded a car and Rs.10 lakh, tortured the wife, and evicted her from the matrimonial home. The petitioner contended his innocence and pointed to a mediation process wherein both spouses signed an amicable settlement on 10 March 2026. The court noted that the mediation report confirmed the compromise and, under its inherent powers, granted anticipatory bail subject to compliance with the settlement terms and a bail bond. The order directed the petitioner to appear before the Sub‑Divisional Judicial Magistrate within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act when the parties have reached a mediated settlement.
  • Whether the compromise reached through mediation bars the court from exercising its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • mediation
  • dowry harassment
  • criminal procedure
  • compromise
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Dowry Prohibition Act
  • matrimonial dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81560 of 2025
                       Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S. District- Siwan
                 ======================================================
                 Dheeraj Kumar Chauhan S/O Manoj Parasd Resident of Village- Khairwa,
                 P.S.- Bhagwanpur Hat, Dist.- Siwan.

                                                                                    ... ... Petitioner/s

                                                        Versus

           1.    The State of Bihar
           2.    Madhu Bala, D/O Vikram Prasad R/O Village- Sisai Tarkul Tole, P.S.
                 Goreakothi, District- Siwan

                                                                              ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Pandey, Advocate
                 For the Informant        :       Md. Shadab Alam Wazdi, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   01-04-2026                  Heard learned counsel for the parties concerned.

                                2. The petitioner apprehends his arrest in connection

                   with Siwan Mahila Police Station Case No. 08 of 2025, dated

                   15.02.2025, registered for the offence punishable under Sections

                   115(2), 126(2), 85, 109(1), 316(2), 352, 351(2) and 3(5) of

                   Bharatiya Nyaya Sanhita and Section 3/4 of Dowry Prohibition

                   Act, but the cognizance has been against the petitioner under

                   Section 115(2) and 85 of Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, the marriage of the

                   informant was solemnized with the petitioner on 21.04.2025 as

                   per Hindu rites and rituals. When she came at her matrimonial
Patna High Court CR. MISC. No.81560 of 2025(4) dt.01-04-2026
                                            2/3




          home learnt that though her husband possessed degree of

          electrical engineer but he has no job and residing at home doing

          agriculture work. Thereafter all the accused persons started

          demanding a car and cash of Rs. 10 lakh and due to non-

          fulfillment of their demand, they tortured her in various manners

          and ultimately they ousted her from matrimonial home on

          02.06.2024. On 12.02.2025 she again came at her matrimonial

          home but her in-laws assaulted her and anyhow she escaped

          from there and got treated.

                       4. Learned Counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case inasmuch as he has not committed any offence in the

          manner alleged. He further submits that the matter was sent for

          mediation by this Court vide order dated 11.02.2026 and final

          mediation report is on record (flag-‘M”). From perusal of the

          same it appears that both husband and wife arrived at amicable

          settlement and have jointly signed the agreement containing

          terms and conditions of compromise on 10.03.2026.

                       5. Learned counsel for the O.P. No. 2 supports the

          argument of learned counsel for the petitioner regarding

          amicable settlement arrived at between the parties through the

          process of mediation.
           Patna High Court CR. MISC. No.81560 of 2025(4) dt.01-04-2026
                                                       3/3




                                  6. Considering the fact that the matter has been

                     compromised and both husband and wife has arrived at

                     amicable settlement before the learned Mediator 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 parties shall abide by the terms and conditions entered

                     into between them before the learned Mediator mentioned in the

                     mediation report dated 11.03.2026.

                                  7. Accordingly, the prayer for bail allowed.

                                  8. Let the petitioner, above named, in the event of his

                     arrest or surrender before the Court below within four weeks, be

                     released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned Sub Divisional Judicial Magistrate,

                     Siwan, in connection with Siwan Mahila Police Station Case

                     No. 08 of 2025,           subject to the condition laid down under

                     Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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