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

Rajesh Sah @ Rajesh Kumar 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 if arrested or on surrender within eight weeks, on furnishing bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., Khagaria in connection with Mahila P.S. Case No. 09/2023, subject to Section 438(2) CrPC conditions and subject to the petitioner abiding by all terms and conditions of the Memorandum of Agreement, failing which the Court below may cancel his bail-bond.

Issue for consideration

Whether the petitioner, husband of opposite party no. 2, apprehending arrest in Mahila P.S. Case No. 09/2023 (registered for offences under Sections 498(A), 313 & 34 IPC and Section 3/4 of the Dowry Prohibition Act), is entitled to be enlarged on bail in view of the settlement reached between the parties through mediation.

Court's answer

In the event of arrest or surrender within a period of eight weeks, the petitioner shall 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 learned A.C.J.M., Khagaria, in connection with Mahila P.S. Case No. 09/2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

The grant of bail is conditioned on the petitioner abiding by all the terms and conditions mentioned in the Memorandum of Agreement entered into between the parties; failing which, the learned Court below would be at liberty to cancel the bail-bond of the petitioner.

Detailed headnote1 paragraphs

Criminal Miscellaneous (anticipatory bail) — Patna High Court — Petitioner, husband of opposite party no. 2, apprehended arrest in Mahila P.S. Case No. 09/2023, Khagaria, registered under Sections 498(A), 313 & 34 IPC and Section 3/4 of the Dowry Prohibition Act. Following settlement of the matrimonial dispute through the Mediation & Conciliation Centre of Patna High Court (parties agreeing to live together as husband and wife), the petitioner was ordered enlarged on bail in the event of 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 A.C.J.M., Khagaria, subject to Section 438(2) CrPC and conditioned on his abiding by all terms of the Memorandum of Agreement, breach of which entitles the Court below to cancel the bail-bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9246 of 2024

Arising Out of PS. Case No.-9 Year-2023 Thana- MAHILA PS District- Khagaria

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

Rajesh Sah @ Rajesh Kumar Son of Anandi Sah Resident of Village-Phultora, P.S.-Alauli, District-Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

Usha Devi Wife Of Rajesh Sah @ Rajesh Kumar, Daughter Of Aklu Sah Resident of Village - Salha Chand, P.S. - Bithan, District - Samastipur

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ram Sumiran Rai,Adv. For the Opposite Party/s : Mr.Ram Bilash Roy Raman,APP Mr.Shailendra Kr. Singh, Adv. For OP-2 ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

6 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 case registered for the offence under Sections 498(A), 313 & 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.9246 of 2024(6) 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 A.C.J.M., Khagaria in connection with Mahila P.S. Case No. 09/2023, 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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