Akash Kumar Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2025)

Akash Kumar Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail allowed: petitioner, if arrested or surrendering within six weeks of the order (08-01-2025), to be enlarged on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Patna Sadar, Patna, in Mahila Police Station Case No. 32/2021, subject to section 438(2) CrPC conditions and the terms of the settlement.

Issue for consideration

Whether the petitioner, who apprehends arrest in a case registered at Mahila P.S., Patna (PS Case No. 32/2021) for offences under IPC sections 498A/504/506/35 and Sections 3 & 4 of the Dowry Prohibition Act, should be granted bail in the event of arrest/surrender, given that the parties have settled their dispute per the mediator's report dated 20.12.2024.

Ratio / Principle

Considering the mediator's report, the prayer for bail of the petitioner is allowed: in the event of his arrest or surrender within six weeks from the date of the order, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Patna Sadar, Patna, in Mahila Police Station Case No. 32/2021.

Key takeaways

The grant of bail is made subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as in terms of the settlement reached between the parties.ratio¶21

Detailed headnote1 paragraphs

Criminal Miscellaneous No.32789 of 2024, High Court of Judicature at Patna (Prabhat Kumar Singh, J.), order dated 08-01-2025 — Bail granted on settlement. Petitioner, apprehending arrest in Mahila P.S. Case No. 32/2021 (Patna) registered for offences punishable under sections 498A/504/506/35 IPC and Sections 3 & 4 of the Dowry Prohibition Act, sought bail; both parties had resolved their dispute per a settlement annexed to the mediator's report dated 20.12.2024, which counsel for opposite party no.2 did not controvert. Considering the mediator's report, the Court allowed the bail prayer: in the event of arrest/surrender within six weeks, the petitioner to be enlarged on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Patna Sadar, subject to the conditions under section 438(2) CrPC and the terms of settlement.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32789 of 2024

Arising Out of PS. Case No.-32 Year-2021 Thana- MAHILA P.S. District- Patna

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Akash Kumar Son of Sri Ratnanjay Kumar Singh Resident of Mohalla- Jai Prakash Nagar, Ganga Rai Path ,Road No.- 03 Police Station- Rajiv Nagar, District- Patna ... Petitioner/s

Versus

The State Of Bihar P

Rashmi Ranjan Daughter of Ranjan Kumar Singh Resident of MohallaGardanibagh , Near Jhun Jhun Mahal, P.S- Gardanibagh, Dist- Patna

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Ramendra Kumar Bharti, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Pandey, A.P.P. Mr. R.P.Shah, Advocate

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

6 08-01-2025

Heard learned counsel for the parties.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 498A/504/506/35 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that both parties have resolved and settled their dispute in terms of settlement mutually agreed upon by them. A copy of the settlement is annexed with the mediator’s report dated 20.12.2024.

Learned counsel for opposite party no.2 does not controvert the submission of the learned counsel for the petitioner.

Considering the mediator’s report, prayer for bail of

Patna High Court CR. MISC. No.32789 of 2024(6) dt.08-01-2025 2/2

the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned 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 the Chief Judicial Magistrate, Patna Sadar, Patna in Mahila Police Station Case No. 32/2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as in terms of settlement.

(Prabhat Kumar Singh, J)

shashi/-