Patna High Court
Shatrughan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court allowed the anticipatory bail application, subject to the parties’ adherence to the compromise terms and prescribed bail bond conditions.
Summary
The petitioner, Shatrughan Prasad, applied for anticipatory bail in a complaint (No. 259 of 2023) alleging offences under IPC sections 498A/34 and Dowry Prohibition Act sections 3 and 4, relating to alleged dowry demands, mental and physical harassment, and neglect during pregnancy. The prosecution alleged that the petitioner’s family demanded land transfer and, upon non‑fulfilment, harassed the complainant. The petitioner submitted a supplementary affidavit indicating that he and his wife, Smt. Neha Saha, had reached an amicable settlement, attaching a compromise petition. The wife did not appear before the court despite notice. Considering the settlement and the interests of both parties, the court granted anticipatory bail, conditioning it on compliance with the compromise terms and a bail bond of Rs. 10,000 with two sureties. The order directs that the bail be effected if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged dowry harassment under IPC 498A and the Dowry Prohibition Act.
- Whether the existence of a compromise settlement between the parties justifies the grant of anticipatory bail.
- What conditions, if any, should be imposed on the anticipatory bail in such circumstances.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- compromise settlement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83361 of 2025
Arising Out of PS. Case No.-259 Year-2023 Thana- MADHEPURA COMPALINT CASE
District- Madhepura
======================================================
Shatrughan Prasad Son of Shambhunath Prasad @ Ram Gulam Sah Resident
of Station Road Supaul, Ward No.- 8, P.S.- Supaul, District - Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Neha Saha Wife of Dr. Shatrughan Prasad Resident of Supaul Ward
No. 8, Station Chowk, Supaul, P.S. and District - Supaul, at present Smt.
Neha Saha, Daughter of Sri Arun Kumar Sah, Retired Development Officer,
resident of Nagar Parishad Ward No. 20 Pragati Nagar, Madhepura, Near
Jeevan Sadan, P.S. and District - Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur
Mr. Purushuttam Kumar
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 21-04-2026 1. Heard learned counsel for the petitioner, learned Counsel
for the Opposite Party No. 2 and learned Additional
Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Complaint Case No. 259 of 2023 for the offences
punishable under Sections 498(A)/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act.
3. The prosecution case, in brief, is that marriage of
informant was solemnized with the petitioner in 2015.
After marriage, the petitioner and his family members
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demanded transfer of land in the name of husband and
due to non-fulfilment of demand the informant was
harassed mentally and physically. It is further alleged that
she was ill-treated in her matrimonial home, neglected
during pregnancy and sent to her parental house.
4. Learned counsel for the petitioner submits that a
supplementary affidavit has been filed stating therein that
petitioner-husband and opposite party no. 2-wife have
arrived at amicable settlement. The terms and conditions
of compromise arrived between them have been brought
on record by way of compromise petition annexed at
Annexure-8 to the supplementary affidavit.
5. Despite service of notice, no one appears on behalf of the
opposite party no. 2.
6. Considering the submissions advanced by the parties and
taking into consideration the terms and conditions of
settlement arrived at between them in compromise
petition and in the interest of both the husband and the
wife, I am inclined to grant the petitioner privilege of
anticipatory bail, subject to condition that both the
petitioner-husband and opposite party no. 2-wife shall
abide by the terms and condition of the settlement, arrived
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at and signed by both the parties in compromise petition.
7. With the aforesaid observations and direction, this
application is allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, 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, Madhepura, in connection
with Complaint Case No. 259 of 2023, subject to the
condition that both the parties shall strictly abide by the
terms and condition of the compromise petition annexed
at Annexure-8.
(Anil Kumar Sinha, J)
ashwani/-
U T
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