Patna High Court
RAKESH KUMAR BHARTI @ RAKESH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
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,
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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
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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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