Patna High Court
Junaid AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court granted provisional pre‑arrest bail to the petitioner, subject to compliance with the joint compromise petition and conditions under Sections 438(2) and 482(2) CrPC.
Summary
The petitioner, Junaid Alam, applied for pre‑arrest bail in a complaint case registered under Section 85 of the Bihar Negotiable Instruments Act and Sections 3 and 4 of the Dowry Prohibition Act. The parties produced a notarised joint compromise petition dated 15‑04‑2026, indicating that the dispute had been settled out of court. The High Court, after hearing counsel, directed that the petitioner be released on provisional bail subject to conditions prescribed under Section 438(2) of the Criminal Procedure Code and Section 482(2) CrPC. Both parties were ordered to appear before the District Court by 01‑05‑2026 to present the compromise petition and to fulfil its terms, after which the provisional bail would become absolute. The Court clarified that any amount already paid to the opposite party would not be set‑off against the settlement amount, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail can be granted in a case involving offences under Section 85 BNS and the Dowry Prohibition Act.
- Whether the existence of a joint compromise petition justifies the grant of provisional bail under Section 438 CrPC.
- What conditions may be imposed on bail under Section 482 CrPC in the context of a compromise.
Legislation cited
- Bihar Negotiable Instruments Act — s. 85
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- pre‑arrest bail
- joint compromise petition
- dowry prohibition
- criminal procedure code
- section 438
- section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83692 of 2025
Arising Out of PS. Case No.-1018 Year-2024 Thana- AURANGABAD COMPLAINT CASE
District- Aurangabad
======================================================
Junaid Alam Son of Shamser Alam Resident of Village Mohalla, 85, Pilkhana
@ Pilsana, Second Gali, Sabir Sehra Shop, P.S.- Howrah (West Bengal).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Johara Khatoon Wife of Junaid Alam Resident of village Mohalla 85,
Pilkhana, Second Gali, Sabir Sehra Shop, Howrah (West Bengal) At Present
Address D/o Jafar Aalam, Resident of Village Mohalla Nawadih Bigha, P.O.,
P.S. and District - Aurangabad (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh, Advocate
Mediator : Mr.Ramesh Prasad Singh, Advocate
For the OP No.2 : Ms.Leelawati Kumari, Advocate
For the State : Mr.Renuka Ratnakar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 15-04-2026 Heard Mr. Shailesh Kumar Singh, learned counsel
appearing on behalf of the petitioner, Mr. Ramesh Prasad Singh,
learned Mediator; Ms. Leelawati Kumari, learned counsel for
OP No.2 and Ms. Renukar Ratnakar, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Aurangabad Complaint Case No.1018 of 2024, registered for
the offences punishable under Section 85 of BNS and ¾ of
Dowry Prohibition Act.
Patna High Court CR. MISC. No.83692 of 2025(3) dt.15-04-2026
2/3
3. Today, the respective counsels in presence of the
petitioner and the O.P. No.2 and Shahid Ansari (brother of O.P.
No.2) and Nawaid Alam (brother of the petitioner) have
produced a Notarized Joint Compromise Petition dated
15.04.2026, that they have settled the dispute outside the Court
as per the terms and conditions as contained in the Joint
Compromise Petition. A xerox copy of the same is kept on the
record.
4. The petitioner, above named, is directed to be
released on pre-arrest bail, provisionally on such terms and
conditions as the learned District Court deems it fit and proper,
subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
5. Both the parties are directed to appear before the
learned District Court on or before 01.05.2026 and produce the
Joint Compromise Petition and if the conditions imposed in the
Joint Compromise Petition are fulfilled within the time as
stipulated in the Joint Compromise Petition dated 15.04.2026,
the provisional bail granted to the petitioner shall be made
absolute.
6. It is made clear that any amount which has been
paid to the O.P. No.2 on early occasion will not be deducted
Patna High Court CR. MISC. No.83692 of 2025(3) dt.15-04-2026
3/3
from the amount as has been agreed to be paid to the O.P. No.2
by the petitioner as full and final amount as one time settlement.
7. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
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