Patna High Court
Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and adherence to the mediation settlement.
Summary
The petitioner, Naushad Alam, sought anticipatory bail in a dowry case (Case No. 38 of 2025) alleging that he was falsely implicated. The prosecution alleged dowry demand, torture, and a second marriage, invoking several sections of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The petitioner argued innocence and highlighted that the parties had reached an amicable settlement through court‑ordered mediation, with a signed compromise agreement dated 19 March 2026. The respondent supported the mediation outcome. The court, noting the compromise and the risk of undue hardship, exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and granted anticipatory bail subject to a bond and compliance with the mediation terms.
Issues considered
- Whether anticipatory bail should be granted in a dowry prosecution where the parties have settled through mediation.
- Whether the court can invoke Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to prevent abuse of process in granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 352, 82(1), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- mediation
- compromise settlement
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82317 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- MAHILA PS District- Aurangabad
======================================================
Naushad Alam S/o Faruk Ansari Resident of Village- Mansara, P.S.- Amba,
District- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Najani Praveen D/o Md. Hasim R/o vill - Bala Pokhar Dev, P.S.- Dev, Distt.-
Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, 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 Aurangabad Mahila Police Station Case No. 38 of 2025,
dated 13.07.2025, registered for the offence punishable under
Sections 126(2), 115(2), 85, 82(1), 352, 303(2) and 3(5) of
Bharatiya Nyaya Sanhita and Section 3/4 of Dowry Prohibition
Act.
3. The prosecution case in brief is that the marriage of
the informant was solemnized with the petitioner in the year
2022 as per Muslim rites and rituals and out of the wedlock two
children were born. Later on petitioner demanded Rs. 5 Lakh as
dowry from the informant and due to non fulfillment of the
Patna High Court CR. MISC. No.82317 of 2025(4) dt.01-04-2026
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demand, she was tortured mentally and physically and ousted
from her matrimonial house. It is further alleged that her
husband solemnized 2nd marriage with one Sarwari Khatun.
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 19.03.2026.
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.
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
Patna High Court CR. MISC. No.82317 of 2025(4) dt.01-04-2026
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that the parties shall abide by the terms and conditions entered
into between them before the learned Mediator mentioned in the
mediation report dated 19.03.2026.
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,
Daudnagar, Aurangabad, in connection with Aurangabad
Mahila Police Station Case No. 38 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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