Patna High Court
Suryajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted subject to compliance with the mediation settlement and the conditions of Section 438(2) CrPC.
Summary
The petitioner, Suryajeet Kumar, sought anticipatory bail fearing arrest in a dowry‑related case (Gaurichak PS Case No. 503 of 2022) alleging offences under Sections 341, 323, 498A, 504, 34 IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged that the petitioner demanded Rs 5 lakhs as dowry, tortured his wife and evicted her from the matrimonial home. The petitioner contended innocence and submitted that the matter had been referred to mediation, resulting in an amicable settlement signed by both parties on 22‑04‑2026. The respondent’s counsel concurred with the settlement. The Court, noting the compromise and the mediation report, granted anticipatory bail subject to compliance with the settlement terms and the conditions of Section 438(2) CrPC, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted in a dowry‑related criminal case where the parties have reached a mediated settlement.
- Whether the conditions imposed under Section 438(2) CrPC are sufficient to safeguard the interests of justice in the presence of a compromise.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act, 1961 — s. 3
- Indian Penal Code — s. 323, 34, 341, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- mediation
- compromise
- Criminal Procedure Code
- Section 438
- Indian Penal Code
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85280 of 2025
Arising Out of PS. Case No.-503 Year-2022 Thana- GAURICHAK District- Patna
======================================================
Suryajeet Kumar S/o Shri Uttam Kumar Resident of - Beldarichak, P.S -
Gaurichak, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Kumari D/o Shri Vidya Nand Bind R/o Village - Kachiyama, P.S -
Hilsa, District - Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 04-05-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Gaurichak Police Station Case No. 503 of 2022, dated
03.08.2022, registered for the offences punishable under
Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code
and Section ¾ 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
2019 as per Hindu rites and rituals. After one year of cordial
relations, the petitioner and his family members started
demanding Rs. 5 lakhs for business purposes and due to non-
fulfilment of the demand, tortured the informant physically as
Patna High Court CR. MISC. No.85280 of 2025(4) dt.04-05-2026
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well as mentally and ultimately ousted her from the matrimonial
home. Thereafter, the informant returned to her parental house
and subsequently went to the police station.
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 07.01.2026 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 22.04.2026.
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.85280 of 2025(4) dt.04-05-2026
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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 27.04.2026.
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 Additional Chief Judicial Magistrate-II,
Patna City, in connection with Gaurichak Police Station Case
No. 503 of 2022, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
Siwani/-
U T
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