Subodh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Subodh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest or surrender within four weeks, release on bail bonds of Rs 10,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st class, Gaya, in Complaint Case No. 1748 of 2023, subject to Section 438(2) Cr.P.C. conditions and the terms of the mediation settlement (mediation proceeding no. 4 of 2025); liberty reserved to the informant's counsel to seek cancellation of the bail bond on violation of the agreement terms.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Complaint Case No. 1748 of 2023 registered for offences under IPC ss.341, 323, 494, 498A and 506.

Court's answer

Anticipatory bail is granted to the petitioner in terms of the agreement reached between the parties in mediation proceeding no. 4 of 2025, considering especially the mediation report of the Patna High Court Mediation Center.

Ratio / Principle

In the event of the petitioner's arrest or surrender within a period of four weeks from the date of the order, he shall be released on bail.

Key takeaways

Release is on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each.ratio¶18
Bail is to the satisfaction of the learned Judicial Magistrate 1st class, Gaya, in Complaint Case No. 1748 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶18
In case of violation of the terms of the mediation agreement, the learned counsel for the informant would have liberty to pray for cancellation of the petitioner's bail bond.

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.) grants anticipatory bail to Subodh Kumar, a CISF constable posted at Chennai and the husband of Opposite Party No.2, who apprehended arrest in Complaint Case No. 1748 of 2023 (Gaya) registered for offences punishable under Sections 341, 323, 494, 498A and 506 IPC. The grant rests on a settlement reached in mediation proceeding no. 4 of 2025 before the Patna High Court Mediation Center: Rs.2,000 per month to each of the three children and Rs.4,000 to the wife, totalling Rs.10,000, to be credited to OP No.2's account between the 1st and 10th of every month, which she is ready to accept. In the event of arrest or surrender within four weeks, the petitioner is to be released on bail bonds of Rs 10,000 with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st class, Gaya, subject to Section 438(2) Cr.P.C.; breach of the settlement terms entitles the informant's counsel to seek cancellation of the bail bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43457 of 2024

Arising Out of PS. Case No.-1748 Year-2023 Thana- GAYA COMPLAINT CASE DistrictGaya

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

Subodh Kumar S/o Baiznath Yadav @ Baidnath Prasad Yadav R/o VillageHarla, Tola Bihari Bigha, P.S.-Meskore, District-Nawada

... ... Petitioner/s

Versus

The State of Bihar

Sushma Kumari D/o Late Rajkumar Yadav W/o Subodh Kumar At Present R/o Village-Kaima, P.S.-Muffasil, District-Gaya, Permanent Address R/o Village-Harla, Tola Bihari Bigha, Post Tungi, P.S.-Meskuar, District-Nawada

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Sinha, Adv For the State: Mr.Ajay Kumar Jha, APP For the Complainant Mr. Shailesh Kumar, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

6 15-04-2025

Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the complainant.

Petitioner apprehends his arrest in connection with Complaint Case No. 1748 of 2023 registered for the offences punishable under Sections 341, 323, 494, 498A and 506 of the Indian Penal Code.

The petitioner is the husband and he is also CISF constable, posted at Chennai. The matter was earlier referred to the Patna High Court, Mediation Center for the purpose of resolving the dispute and for reaching the amicable settlement between the parties.

Patna High Court CR. MISC. No.43457 of 2024(6) dt.15-04-2025 2/3

The Mediator’s report is available on the record which would go to show that an agreement has been reached between the parties to pay Rs. 2000/- each to his three children and Rs. 4000/- to his wife totalling to an amount of Rs. 10,000/which is to be paid in the account of his wife ( OP. No. 2) within 1st to 10th of every month. The OP.No 2 is also ready to accept the such amount and at this stage, the counsel for the informant produced the details of the account of OP.No. 2 and made the same available to the counsel for the petitioner.

Considering all the above mentioned facts and circumstances and especially considering the mediation report of the Patna High Court, Mediation Center, I am inclined to grant anticipatory bail to the petitioner in terms of the agreement reached between the parties in the mediation proceeding no. 4 of 2025 in the present case. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st class, Gaya in Complaint Case No. 1748 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.

However, it is also made clear that in case of any

Patna High Court CR. MISC. No.43457 of 2024(6) dt.15-04-2025 3/3

violation of the terms of the agreement, the learned counsel for the informant would have liberty to pray for cancellation of bail bond of the petitioner.

(Soni Shrivastava, J)

N.K/- U T