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Patna High Court

Bharat Tiwary @ Bharat Lal Tiwari @ Bhatt Bharal Lal ThivariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and sureties, without prejudice to the merits of the criminal case.

Summary

The petitioner, Bharat Tiwary, sought bail to avoid arrest in a criminal complaint (Case No. 658 of 2023) filed under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. The parties had resolved their marital dispute through mediation and executed a settlement agreement covering cohabitation, child education, financial support, and withdrawal of the criminal and maintenance cases within specified time frames. Relying on the settlement, the petitioner applied for bail, arguing that the dispute was settled and there was no risk of fleeing. The High Court, after hearing counsel, allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482 and Section 438(2) of the CrPC. The Court clarified that its order was limited to the bail application and did not prejudice the merits of the underlying criminal case.

Issues considered

  • Whether bail can be granted in a pending case under Section 498A IPC and Dowry Prohibition Act when the parties have reached a mediated settlement.
  • Whether the settlement agreement affects the petitioner’s criminal liability and justifies bail.
  • Whether the conditions prescribed under Sections 482 and 438(2) of the CrPC are satisfied for granting bail.

Legislation cited

Subjects

  • bail
  • Section 498A
  • dowry prohibition
  • mediation settlement
  • Criminal Procedure Code
  • anticipatory bail
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84071 of 2025
                    Arising Out of PS. Case No.-658 Year-2023 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
                 Bharat Tiwary @ Bharat Lal Tiwari @ Bhatt Bharal Lal Thivari S/O Mohan
                 Lal Tiwari @ Mohan Tiwari R/O Village- Serthauya, P.S- Kadirganj, Distt.-
                 Nalanda, at present R/O Bharat Singh Nagar, Hamid Basti, P.S- Sahpur
                 Suraram, G.D. Metala Road, Sikandrabad, Telangana.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Anshu Kumari W/O Bharat Tiwari R/O Village- Arjun Serthua, P.S-
                 Khudaganj, Distt.- Nalanda, at present R/O Village- Mansagar, P.S- Kawakol
                 (Rupau), Distt.- Nawada.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Muskan Singh, Advocate
                 For the State          :      Mr.Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   18-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends arrest in connection

                   with Complaint Case No. 658 of 2023 instituted under Sections

                   498(A) of the Indian Penal Code and Sections 4 of the Dowry

                   Prohibition Act.

                                3. At the very outset, learned counsel for the

                   petitioner submits that the dispute between the parties has been

                   resolved through Mediation and the parties are agreed to stay

                   together with their children. The terms of settlement reads as

                   under:
Patna High Court CR. MISC. No.84071 of 2025(4) dt.18-06-2026
                                            2/3




                                 “1. That the both the parties are
                       agreed upon to ready to live together as
                       husband and wife.
                                 2. That the petitioner is ready to keep
                       her wife along with children with liabilities of
                       her wife and children.
                                 3. That the petitioner is ready to
                       admit his child in school at Haiderabad when
                       the session started.
                                 4. That the petitioner is ready to give
                       a mobile phone to his wife within 20 days from
                       this agreement.
                                 5. That Opposite Party No.2 is ready
                       to pay respect to the family member of her
                       sasaural and also to her husband.
                                 6. That the petitioner will go to her
                       sasaural at Nawada in the month of December,
                       2026 between 10th December to 25th
                       December, 2026 for Bidai of wife and children.
                                 7. That Opposite Party No.2 is
                       agreed to withdraw the Complaint Case
                       No.658 of 2023 pending before Learned Court
                       below of Nawada District within four months
                       from the date when the Opposite Party No.2
                       will go to her Sasaural. The Opposite Party
                       No.2 will also withdraw the maintenance case
                       pending before the Learned Court below under
                       Nawada District within four months from the
                       date she reached her Susural.
                                 8. That the petitioner is ready to give
                       an amount of Rs.5,000/- (Rupees Five
                       Thousand) from the month of July till
                       December, 2026.
                                 9. That the aforesaid contents of the
                       agreement have been read over and explained
                       into Hindi, which have fully been understood
                       and accepted by the parties.”

                       4. In view of terms of settlement between the parties,

          this application is allowed.

                       5. Accordingly, in the event of arrest or surrender
           Patna High Court CR. MISC. No.84071 of 2025(4) dt.18-06-2026
                                                       3/3




                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Nawada/ concerned Court below in connection with

                     Complaint Case No. 658 of 2023, subject to the conditions laid

                     down in Section 482 of the BNSS/ 438(2) of the Code of

                     Criminal Procedure, 1973.

                                  6. In case the terms of agreement are not abided by

                     either of the party, then appropriate order shall be passed by the

                     Court below.

                                  7. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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