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Patna High Court

RAKESH KUMAR BHARTI @ RAKESH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to strict compliance with the mediation settlement terms.

Summary

The petitioner, Rakesh Kumar Bharti, applied for anticipatory bail in a complaint case alleging offences under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that after the marriage on 14‑05‑2021, the petitioner and co‑accused demanded a car as dowry, and upon refusal, the complainant wife faced mental and physical harassment. The High Court had earlier referred the matter to mediation, where the parties reached a settlement recorded on 09‑04‑2026. Considering the successful mediation and the terms of the settlement, the Court granted anticipatory bail to the petitioner, subject to compliance with the settlement conditions and a bail bond of Rs.10,000 with two sureties. The order directs that the bail be released if the petitioner is arrested or surrenders within four weeks, provided the parties adhere to the mediation agreement.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged dowry harassment under Section 498A IPC and Dowry Prohibition Act.
  • Whether the settlement reached through mediation can be a basis for imposing conditions on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498A
  • Dowry Prohibition Act
  • mediation
  • settlement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.85999 of 2025
                  Arising Out of PS. Case No.-33 Year-2023 Thana- COMPLAINT CASE - BIKRAMGANJ
                                                      District- Rohtas
                 ======================================================
                 RAKESH KUMAR BHARTI @ RAKESH KUMAR Son of Late Jagdev Ram
                 Residence of Village - Thor Pandeypur, P.S.- Murar, District - Buxar, Pin -
                 802127.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Amrita Kumari Wife of Rakesh Kumar Bharti Residence of Village - Thor
                 Pandeypur, P.S.- Murar, District - Buxar, Pin - 802127. Presently residing at
                 Village - Ganj Bhadsara, P.O.- Ganj Bhadsara, P.S.- Dinara, District -
                 Rohtas, State - Bihar, Pin - 802218

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priya Ranjan
                                                 Mr. Abhishek Anand
                                                 Mr. Bablu Kumar
                 For the opposite party   :      Mr. Abhishek Singh Rathaur
                 For the State            :      Mr. Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   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. 33 of 2023 for the offences

                                  punishable under Sections 498(A) of the Indian Penal

                                  Code and Sections 3/4 of the Dowry Prohibition Act.

                            3.    The prosecution case, in brief, is that the marriage of

                                  the opposite party no. 2 was solemnized with the

                                  petitioner on 14.05.2021 and at the time of marriage,
Patna High Court CR. MISC. No.85999 of 2025(4) dt.21-04-2026
                                            2/3




                       cash, motorcycle, ornaments and other articles were

                       given as gift. It has further been alleged that after

                       about three months of marriage, the petitioner

                       including other accused persons started demanding a

                       car as dowry and, upon refusal, the complainant was

                       subjected to mental and physical harassment.

                  4.   Earlier, the matter was referred to mediation centre by

                       this Court vide its order, dated 23.02.2026.

                  5.   Learned counsel for the petitioner submits that the

                       mediation has been successful and both the parties

                       have resolved their disputes through process of

                       mediation in accordance with the terms of settlement,

                       mutually arrived at by the parties, having been

                       recorded in the mediation report, dated 09.04.2026,

                       passed in Mediation Proceeding No. 290 of 2025.

                  6.   Considering the submissions advanced by the parties

                       and taking into consideration the terms of settlement

                       arrived at between them in mediation 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

                       petitioner-husband and complainant-wife shall abide
            Patna High Court CR. MISC. No.85999 of 2025(4) dt.21-04-2026
                                                        3/3




                                   by the terms and condition of the settlement, arrived at

                                   and signed by both the parties in mediation.

                              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, Bikramganj, Rohtas, in connection with

                                   Complaint Case No. 33 of 2023, subject to the

                                   condition that both the parties shall strictly abide by

                                   the terms and condition of the agreement of

                                   meditation report, dated 09.04.2026.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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