Patna High Court
Dr. Amarnath Kumar @ Amarnath KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is granted anticipatory bail subject to a bail bond of Rs.30,000 and compliance with the settlement agreement, with the criminal case to remain stayed unless a default occurs.
Summary
Dr. Amarnath Kumar sought anticipatory bail in a criminal case (Beur P.S. Case No. 286 of 2024) filed under IPC sections 341, 323, 498-A, 494, 504 and 34 for alleged dowry harassment. Both parties appeared before the Patna High Court Mediation Centre and executed a detailed settlement agreement, including a payment of Rs.1.05 crore in installments, a mutual consent divorce, and a stay of the criminal proceedings pending full payment. The court examined whether the settlement and the stay justified granting anticipatory bail. Relying on Section 2(1)(d) of the Bail and Security of Surety Act, 2023 and Section 482(2) of the same Act, the court ordered the petitioner’s release on anticipatory bail subject to a bail bond of Rs.30,000 and compliance with the settlement terms. The order also stipulated that any default by the petitioner would revive the criminal case.
Issues considered
- Whether anticipatory bail can be granted in a dowry harassment case pending under multiple IPC sections in view of a settlement agreement and stay of proceedings.
- Whether the conditions prescribed under the Bail and Security of Surety Act, 2023 are satisfied.
- Effect of default under the settlement on the continuance of criminal prosecution.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 494, 498A, 504
Subjects
- anticipatory bail
- settlement agreement
- dowry harassment
- IPC 498A
- family law
- mutual consent divorce
- maintenance
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91843 of 2025
Arising Out of PS. Case No.-286 Year-2024 Thana- BEUR District- Patna
======================================================
Dr. Amarnath Kumar @ Amarnath Kumar S/O Ram Pukar Paswan R/O Vill.-
Paharpur, Bishunpur Railway Station Road, Mahnar, P.S.- Mahnar, Dist.-
Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Punam @ Kumar Prativa @ Prativa Paswan W/O Dr Amarnath
Kumar @ Amarnath Kumar R/O Paharpur Pakri, P.S.- Mahnar, D/O
Sudarshan Paswan, R/O Bishanpur Pakri, P.S.- Beur, Dist.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the State : Mr. Satya Nand Shukla, APP
For the O.P. No. 2 : Mr. Swati Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
8 27-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Opposite Party No. 2.
2. The petitioner is apprehending arrest in connection
with Beur P.S. Case No. 286 of 2024, dated 04.06.2024, lodged
under Section 341, 323, 498-A, 494, 504 and 34 of the Indian
Penal Code.
3. As per the prosecution, the FIR has been lodged
against five named accused persons, including the present
petitioner, alleging that all the accused persons tortured and
assaulted the informant for non-fulfilment of the dowry demand.
4. It has been jointly submitted by learned counsel for
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both parties that, in compliance of Order No. 6 dated
03.04.2026, both parties appeared before the Patna High Court
Mediation Centre, where a settlement agreement was prepared
with their consent, and they are directed to settle their dispute in
terms of the said settlement agreement. The contents of the
Memorandum of Settlement are reproduced as under:-
1. Whereas, the parties were
married on 02.12.2005 in accordance with
Hindu customs & Rites and they have got a
girl child namely Aditi Maurya, aged about
16 years from the wedlock. Subsequently the
matrimonial relationship between the parties
got deteriorated which led to lodging of an
FIR bearing Beur P.S. Case No.286 of 2024
by the Opposite Party No.2/2nd party in
which cognizance has been taken by the
Court of Ld. Additional Chief Judicial
Magistrate, 1st Class, Patna U/s 498A, 341,
323, 494, 420 and 504 of IPC against the
petitioner/1st party.
2. Whereas, the petitioner/1st party
preferred an Anticipatory Bail application
before the Hon'ble Patna High Court
bearing Criminal Miscellaneous No.91843
of 2025. In connection with the said case the
parties appeared before the Hon'ble Court
on 03.04.2026 and they became ready to
settle their dispute on payment of permanent
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alimony amount of Rs.1,05,00,000/- (Rupees
One Crore Five Lakhs Only) by petitioner/1 st
party to Opposite Party No.2/2nd party, in six
installments. In view of such agreement
made before the Hon'ble Court on
03.04.2026 the Hon'ble Court has referred
the matter for preparation of settlement
agreement in presence of all the parties with
their respective Counsels. Accordingly the
parties were present on 06.04.2026, as per
the direction of Hon'ble Court, for
preparation of the settlement agreement as
per their consent.
3. The parties have agreed to settle
their dispute under the following terms &
Conditions:-
(i) The petitioner/1st party will pay
total sum of Rs.1,05,00,000/- (Rupees One
Crore Five Lakhs only) to the Opposite
Party No.2/2nd party as alimony for herself
and for maintenance of their minor female
child in following installments:-
a) The petitioner/1st party has paid
Rs. 10,00,000/- (Rupees Ten Lakhs only)
today on 06.04.2026 to the Opposite Party
No.2/2nd party by way of Bank Draft bearing
No.669934, dated 06.04.2026 drawn on the
State Bank of India, in the name of Kumari
Pratibha which is one of the alias names of
Opposite Party No.2/2nd party and the same
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has been handed over to the Opposite Party
No.2/2nd party and she is putting her
signature on this settlement as a token of
acknowledgment of receipt of the bank draft,
as aforesaid.
(b) The next installment of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only)
will be paid by the petitioner/1st party to the
Opposite Party No.2/2nd party on 09.04.2026
by way of bank draft prepared in the name of
Opposite Party No.2/2nd party, namely
Kumari Pratibha.
(c) The petitioner/1st party will
pay the next installment amount of
Rs.25,00,000/- (Rupees Twenty Five Lakhs
Only) to Opposite Party No.2/2nd party on
15.05.2026 by way of a bank draft in the
name of Opposite Party No.2/2nd party,
namely Kumari Pratibha and after receiving
the installment amount of Rs.25,00,000/-
(Rupees Twenty Five Lakhs) the Opposite
Party No.2/2nd party will file a petition for
withdrawal of Maintenance Case No.8
M/2023 pending before the Ld. Principal
Judge, Family Court, Patna on 16.05.2026,
i.e. the next date fixed in the said
Maintenance Case.
(d) The next installment of
Rs.25,00,000/- (Rupees Twenty Five Lakhs
Only) will be paid by the petitioner/1st party
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to the Opposite Party No.2/2nd party on
15.06.2026 by way of a bank draft prepared
in the name of Opposite Party No.2/2 nd party
namely Kumari Pratibha and thereafter the
parties will file a joint petition for divorce
with mutual consent in the Court of the Ld.
Principal Judge, Family Court, Patna.
(e) The petitioner/1st party will
pay a sum of Rs.15,00,000/- (Rupees Fifteen
Lakhs Only) on 15.07.2026 to the Opposite
Party No.2/2nd party by way of Bank Draft
prepared in the name of Opposite Party
No.2/2nd party namely Kumari Pratibha.
(f) The last installment of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only)
will be paid by the petitioner/1st party to the
Opposite Party No.2/2nd party on the date of
final motion of the mutual consent divorce
case in the Court of the Ld. Principal Judge,
Family Court, Patna. This amount of
Rs.15,00,000/- (Rupees Fifteen Lakhs) will
also be paid by way of a bank draft prepared
in the name of the Opposite Party No.2/2 nd
party namely Kumari Pratibha.
(ii) The parties have agreed that
till final payment is made by the
petitioner/1st party in terms of the settlement
the further Criminal proceeding arising out
of Beur P.S. Case No.286 of 2024 pending in
the Court of the Ld. Additional Chief
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Judicial Magistrate, 1st Patna shall remain
stayed and the Opposite Party No.2/2nd party
will not prosecute the said case.
(iii) In case the petitioner/1st party
fails to make payment of any installment in
terms of the settlement, the settlement will be
deemed to have been cancelled and the
Opposite Party No.2/2nd party will be at
liberty to prosecute the Criminal Case
against the petitioner/1st party.
(iv) The parties have agreed that
in case the Opposite Party No.2/2nd party
fails to adhere to the terms & conditions of
this settlement, the petitioner/1st party will
be entitled for refund of the entire amount
paid to Opposite Party No.2/2nd party and
Opposite Party No.2/2nd party will also be
obliged to refund the same failing which the
petitioner/1st party will be at liberty to
initiate appropriate proceeding against
Opposite Party No.2/2nd party.
(v) The parties have agreed that
after final judgement & decree of divorce
issued from the Court of Ld. Principal
Judge, Family Court, Patna, they will take
all the necessary steps of speedy
disposal/discharge of the petitioner/1st party
from Beur P.S. Case No.286 of 2024 and the
Opposite Party No.2/2nd party will support
the efforts of the petitioner/1st party in
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getting him discharged from Beur P.S. Case
No.286 of 2024 in the Court of the Ld.
Additional Chief Judicial Magistrate, 1 st
Patna.
(vi) The parties have agreed that
after their divorce the female child from
their wedlock will remain in custody of the
Opposite Party No.2/2nd party but whenever
in petitioner/1st party desires to meet his
child, he may have the visitation right to the
child. For the purpose of visiting the child
the petitioner/1st party will give prior
information at least two days prior to the
date on which he wants to visit the child and
the Opposite Party No.2/2nd party will
provide proper opportunity to the
petitioner/1st party with a reasonable time to
the petitioner/1st party for such visit.
(vii) The parties have agreed that
they will not involve in any litigation against
each other in connection with their
matrimonial relationship and any other case
which is pending against either of the parties
arising out of their matrimonial relation
without their knowledge will also be
withdrawn in terms of this settlement.
4. That the above contents of the
agreement have been read over and
explained to us in Hindi which are have fully
understood and accepted there upon.
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5. That in the above terms and
conditions the present settlement has been
arrived at between the parties and both
parties have signed in presence of their
learned counsels, who have also put their
signature on this agreement.
5. In light of the said Memorandum of Settlement, let
the above named petitioner be released on anticipatory bail, in
the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the BNSS, 2023 to the satisfaction of S.D.J.M., Patna,
in connection with Beur P.S. Case No. 286 of 2024, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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