Ranjit Kumar @ Ranjit Prasad Vs the State of Bihar — Dowry and Cruelty | Patna HC (2025)

Ranjit Kumar @ Ranjit Prasad Vs the State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within eight weeks, on a bail-bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, Gaya, subject to Section 438(2) CrPC conditions and to compliance with the Memorandum of Agreement, failing which the court below may cancel the bail-bond.

Issue for consideration

Whether the petitioner, who apprehends arrest in a complaint case (Complaint (Sherghati) Case No. 02 of 2022) punishable under Sections 498(A), 504/34 IPC and Sections 3/4 of the Dowry Prohibition Act, should be enlarged on anticipatory bail in view of the amicable settlement reached between the parties through mediation.

Court's answer

In view of the settlement facts and circumstances, in the event of arrest or surrender within a period of eight weeks, the petitioner is to be enlarged on bail on a bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Sherghati, Gaya, in connection with Complaint (Sherghati) Case No. 02 of 2022.

Ratio / Principle

The enlargement on bail is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Key takeaways

An additional condition is imposed that the petitioner shall abide by all the terms and conditions mentioned in the Memorandum of Agreement, failing which the learned court below would be at liberty to cancel the bail-bond of the petitioner.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted by the Patna High Court (Prabhat Kumar Singh, J., 15-01-2025) to Ranjit Kumar @ Ranjit Prasad, husband of complainant Sudha Rani, apprehending arrest in Complaint (Sherghati) Case No. 02 of 2022 (PS Case No. 2 of 2022, Gaya) punishable under Sections 498(A), 504/34 IPC and Sections 3/4 of the Dowry Prohibition Act. The grant follows an amicable settlement effected through the Mediation & Conciliation Centre of Patna High Court, recorded in a Memorandum of Agreement, whereby both parties agreed to live together as husband and wife. Bail is conditioned on arrest/surrender within eight weeks, a bail-bond of Rs.10,000/- with two like sureties to the S.D.J.M., Sherghati, Gaya, compliance with Section 438(2) CrPC conditions, and adherence to all terms of the Memorandum of Agreement, failing which the court below may cancel the bail-bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13052 of 2024

Arising Out of PS. Case No.-2 Year-2022 Thana- GAYA COMPLAINT CASE District- Gaya

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Ranjit Kumar @ Ranjit Prasad S/O- Late Munsi Singh R/O- Mohalla- Ram Mandir Gola Bazar, Sherghati, P.S.- Sherghati, Dist.- Gaya (Bihar.)

... ... Petitioner/s

Versus

The State Of Bihar

Sudha Rani W/O- Ranjit Kumar @ Ranjit Prasad R/O Mohalla- Ram Mandir Gola Bazar, Sherghati, P.S.- Sherghati, Dist.- Gaya (Bihar) and Present Address Resident Of Village- Bara, P.S.- Imamganj, Dist.- Gaya (Bihar.)

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh, Adv. For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP Mr. Durgesh Nandan, Adv. For OP-2 ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 15-01-2025

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

The petitioner, husband of opposite party no. 2,

apprehends his arrest in a complaint case punishable for the offence under Section 498(A), 504/34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

At the outset, learned counsel for the petitioner submits that the dispute between the parties has been settled amicably through the process of mediation and both parties have agreed to live together, as husband and wife. Petitioner also undertakes to keep opposite party no. 2 with full respect and dignity.

Learned counsel for the opposite party no. 2 does not dispute the aforesaid contention and confirms the fact

Patna High Court CR. MISC. No.13052 of 2024(5) dt.15-01-2025 2/2

regarding the settlement entered into between the parties.

Here, it is relevant to mention that earlier, with

consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator’s report.

In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, as named above, be enlarged 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 S.D.J.M., Sherghati, Gaya in connection with Complaint (Sherghati) Case No. 02 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, the learned Court below would be at liberty to cancel the bail-bond of petitioner .”

(Prabhat Kumar Singh, J)

anay

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