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Patna High Court

Hemkamal @ Hem KamalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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
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                          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
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                                          (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
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                                      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


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