Patna High Court
Hemkamal @ Hem KamalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to the stipulated settlement, divorce, and compounding conditions.
Summary
The petitioner, Hemkamal, was accused in a dowry‑related complaint for offences under several sections of the Bharatiya Nyaya Sanhita, 2023. He applied for anticipatory bail, asserting innocence and offering to settle the matter by paying Rs.20 lakh to the complainant and filing a mutual divorce under the Hindu Marriage Act. The State and the complainant’s counsel raised no objection to the settlement proposal. The Court, applying Section 482(2) of the BNSS, allowed the anticipatory bail application, subject to a detailed payment schedule, filing of a mutual divorce petition, and compounding of the criminal complaint. The order also required the petitioner to furnish bail bonds and sureties, and stipulated that both parties withdraw all related civil and criminal proceedings after settlement.
Issues considered
- Whether anticipatory bail can be granted in a dowry‑harassment case under the BNSS.
- Whether a settlement and mutual divorce can be conditioned as part of anticipatory bail.
- Whether Section 482(2) of the BNSS empowers the Court to grant anticipatory bail with such conditions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 303, 3(5), 351(2), 351(3), 352, 482(2), 85
- Hindu Marriage Act, 1955 — s. 13(B)
Subjects
- anticipatory bail
- dowry harassment
- settlement
- mutual divorce
- compounding of offences
- BNSS
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88069 of 2025
Arising Out of PS. Case No.-12267 Year-2024 Thana- PATNA COMPLAINT CASE
District- Patna
======================================================
Hemkamal @ Hem Kamal S/o Pramod Kumar R/o Mohalla - Moldiyar Tola,
Near - Red Rose Happy School, P.S - Mokama, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sneha @ Sneha Kumari W/o Hem Kamal @ Hemkamal R/o Village -
Moldiyar Tola, Near - Red Rose Happy School, P.S - Mokama, District -
Patna Presently D/o - Shailesh Kumar R/o Mohalla - Gokul Path, North
Patel Nagar, P.S - Patliputra, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No. 2
Mr. Aryan Singh
For the Opposite Party/s : Mr. Md. Fahimuddin
For the O.P. No. 2 : Mr. Abhishek Kant, Advocate
Mr. Neerad Parashar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-03-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 12267(C) of 2024 filed for offences under
Sections 85, 115(2), 118(1), 303, 352, 351(2), 351(3) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of assaulting and torturing the complainant due to non-
fulfillment of the demand of dowry.
Patna High Court CR. MISC. No.88069 of 2025(5) dt.10-03-2026
2/5
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is ready to settle the
present case and is ready to pay Rs. 20 Lakh to the O.P. No. 2 as
permanent settlement alimony amount within six months from
today.
5. Learned APP for the State and the learned counsel
for the O.P. No. 2 have no objection to the aforesaid submission
of the learned counsel for the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Complaint Case No. 12267(C) of 2024 subject to the conditions
as laid down under Section 482(2) of the BNSS and with further
conditions:-
(I). That the husband/petitioner has
agreed to pay the settlement amount in the sum of
Patna High Court CR. MISC. No.88069 of 2025(5) dt.10-03-2026
3/5
Rs.20,00,000/-(Rupees Twenty Lakh Only) in the
following manner:-
(a) The Petitioner will pay first
installment of Rs.2,50,000/- (Rupees Two Lakh
Fifty Thousand) at the time of furnishing bail bonds
in the concerned Court and the payment shall be
made through Bank Draft in the name of opposite
party No. 2., and Rs. 2,50,000/- (Rupees Two Lakh
Fifty Thousand) shall be paid to the O.P. No. 2 in
the next two months.
(b) That both the parties will file the
mutual divorce petition in terms of Section 13 (B)
of the Hindu Marriage Act, before the Principal
Judge, Family Court, Patna with a period of 30
days of furnishing bail bond.
(c). Rs. 7,50,000/-(Rupees One Lakh)
shall be paid to the O.P. No. 2 at the time of filing
and first appearance in the joint mutual divorce
petition filed before the Ld. Principal Judge,
Family Court, Patna. The payment shall be made
through Bank Draft in the name of Opposite Party
No.2;
Patna High Court CR. MISC. No.88069 of 2025(5) dt.10-03-2026
4/5
(d). The last and final installment of
Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand)
shall be paid to the Opposite Party No.2 on the
date of final evidence and witness by both the
parties in divorce case.
(e). That after filing the mutual
divorce case, the Opposite Party No.2 will file a
compromise petition before the Ld. Court below in
connection with present case and both the parties
will appear before the Ld. Court below for
compounding the Complaint Case.
(f). That both the parties will withdraw
respective cases Civil/Criminal in nature filed
against each other in the light of settlement of
dispute soon after filing of the mutual divorce
petition.
(g). This settlement shall be full and
final settlement and no party shall claim in future
against each other, in any manner.
(h). That both the parties agreed to file
mutual consent divorce case under section 13 (B)
of Hindu Marriage Act, 1955, before Principal
Patna High Court CR. MISC. No.88069 of 2025(5) dt.10-03-2026
5/5
Judge, Family Court, Patna as mentioned above
and after that both the parties are free to lead their
life as per their own will.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…