Patna High Court
Dheeraj Kumar ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 316(2), 3(5), 351(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
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
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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
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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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