Guddu Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Guddu Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail granted: upon arrest or surrender within eight 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 learned S.D.J.M., Jamui in connection with Complaint Case No. 273(C) of 2022, subject to Section 438(2) CrPC conditions and to compliance with all terms of the Memorandum of Agreement, failing which the court below may cancel the bail-bond.

Issue for consideration

Whether the petitioner, Guddu Yadav, husband of opposite party no. 2, apprehending arrest in Complaint Case No. 273(C) of 2022 (PS Case No.-273 of 2022, Jamui) registered under Sections 498A, 323, 379, 494, 504, 506 and 34 IPC with cognizance under Section 498A IPC, may be enlarged on bail in anticipation of arrest, given the amicable settlement reached between the parties through mediation.

Court's answer

In the event of arrest or surrender within eight weeks, the petitioner is 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 learned S.D.J.M., Jamui in connection with Complaint Case No. 273(C) of 2022, subject to the conditions under Section 438(2) of the Code of Criminal Procedure and to abiding by all terms and conditions of the Memorandum of Agreement; failing which, the court below would be at liberty to cancel the bail-bond.

Ratio / Principle

The court recorded that, with consent of the parties, the matter had earlier been referred to the Mediation & Conciliation Centre of Patna High Court and the dispute had been resolved in terms of the Memorandum of Agreement annexed with the Mediator's report, with counsel for opposite party no. 2 confirming the settlement; this formed the factual basis for the conditional bail grant.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), Criminal Miscellaneous No.857 of 2025, order dated 11-11-2025 — Anticipatory bail granted in a matrimonial dispute. Petitioner Guddu Yadav, husband of opposite party no. 2 (Guriya Devi @ Priti Kumari), apprehended arrest in Complaint Case No. 273(C) of 2022 / PS Case No.-273 of 2022, Jamui, registered under Sections 498A, 323, 379, 494, 504, 506 and 34 of the Indian Penal Code, with cognizance taken for the offence under Section 498A IPC. With the parties' consent the matter had been referred to the Mediation & Conciliation Centre of Patna High Court and resolved through a Memorandum of Agreement, the parties agreeing to live together with their children, a settlement confirmed by counsel for opposite party no. 2. On arrest or surrender within eight weeks, the petitioner was ordered to be enlarged on bail on a bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each before the learned S.D.J.M., Jamui, subject to Section 438(2) of the Code of Criminal Procedure and to abiding by all terms of the Memorandum of Agreement, failing which the court below would be at liberty to cancel the bail-bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.857 of 2025

Arising Out of PS. Case No.-273 Year-2022 Thana- COMPLAINT CASE District- Jamui

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Guddu Yadav Son of Sri Rajendra Yadav Resident of Village- Bhunimahdar, P.O.- Gaura, P.S.- Laxmipur, District- Jamui (Bihar) ... ... Petitioner/s

Versus

The State of Bihar

Guriya Devi @ Priti Kumari D/O- Kailu Yadav Resident of VillageKageshwar, P.S.- Khaira, District- Jamui

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP For the O.P. No.2 : Mr. P.K. Sinha, Advocate

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6 11-11-2025

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 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 case registered for the offence under Sections 498A, 323, 379, 494, 504, 506 and 34 of the Indian Penal Code in which cognizance has been taken for the offence under Section 498A of the IPC.

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 along with their children. Petitioner also undertakes to keep opposite party no. 2 with full respect and dignity.

Learned counsel for the opposite party no. 2 does

Patna High Court CR. MISC. No.857 of 2025(6) dt.11-11-2025 2/2

not dispute the aforesaid contention and confirms the fact 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., Jamui in connection with Complaint Case No. 273(C) 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)

AjayMishra/-

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