Patna High Court
Bharat Tiwary @ Bharat Lal Tiwari @ Bhatt Bharal Lal ThivariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Criminal Procedure Code — s. 438(2), 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
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
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“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
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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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