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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of 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., Bhabhua, District-Kaimur, in connection with Mahila P.S. Case No. 69 of 2020, subject to Section 482(2) of the B.N.S.S. and compliance with the Memorandum of Agreement dated 03.11.2025 kept at Flag-M, failing which the Court below may cancel the bail-bond.

Issue for consideration

Whether the petitioner, who apprehends arrest in the complaint case (Mahila P.S. Case No. 69 of 2020; Sections 498A and 34 IPC) and whose dispute with the informant has been settled through mediation, should be granted anticipatory bail.

Court's answer

Since the dispute between the parties had already been resolved through the process of mediation, the court allowed the prayer for grant of anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest or surrender within a period of eight weeks, the petitioner is to be enlarged on bail on furnishing 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., Bhabhua, District-Kaimur, in connection with Mahila P.S. Case No. 69 of 2020, subject to the condition under Section 482(2) of the B.N.S.S. and to abiding by all terms and conditions of the Memorandum of Agreement dated 03.11.2025 kept at Flag-M, failing which the learned Court below may cancel the bail-bond.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, CR. MISC. No.9406 of 2025 (oral order dated 02-12-2025, Prabhat Kumar Singh, J), arising out of Mahila P.S. Case No. 69 of 2020, District Kaimur (Bhabua), offence punishable under Sections 498A and 34 IPC: prayer for anticipatory bail of petitioner Akshay Kumar allowed as the dispute with the informant (Opposite Party No. 2, Basmati Kumari) had already been resolved through mediation, the agreed terms being recorded in the mediator's report and the Memorandum of Agreement dated 03.11.2025 kept at 'Flag-M'; in the event of arrest or surrender within eight weeks, 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., Bhabhua, District-Kaimur, subject to Section 482(2) of the B.N.S.S. and to abiding by 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.9406 of 2025

Arising Out of PS. Case No.-69 Year-2020 Thana- MAHILA P.S. District- Kaimur (Bhabua)

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

Akshay Kumar Son of Hanuman Bind Resident of Village- Ledari, P.s.Chand, Distt.- Kaimur at Bhabhua

... ... Petitioner/s

Versus

The State of Bihar

Basmati Kumari @ Basmati Devi Wife of Akshay Kumar At present Resident of Village- Khurd, P.S.- Chainpur, Distt.- Kaimur

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : Mr. Pawan Kumar Singh, Advocate For the State : Mr. Suresh Prasad Singh, APP For the Informant : Mr. Rajesh Kumar Mishra, Advocate Mr. Basant Kumar, Advocate

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

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 02-12-2025

Heard learned counsel appearing on behalf of the petitioner, learned A.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant/ Opposite Party No. 2.

The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A and 34 of the Indian Penal Code.

At the outset, learned counsel appearing on behalf of the petitioner submits that the dispute between the parties has

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been settled through process of mediation and the terms of settlement mutually agreed upon by the parties is kept with the mediator’s report at ‘Flag-M’.

Learned counsel for informant/Opposite Party No. 2 does not dispute the contentions raised on behalf of the petitioner and confirms the fact regarding settlement between the parties.

Considering the fact that dispute between the parties has already been resolved through the process of mediation, the prayer for grant of anticipatory bail to the petitioner is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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., Bhabhua, DistrictKaimur in connection with Mahila P.S. Case No. 69 of 2020, subject to condition as laid down under Section 482(2) of the B.N.S.S. with further condition that the petitioners shall abide by all the terms & conditions, as mentioned in the Memorandum of Agreement dated 03.11.2025 kept at Flag-M, agreed between

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the parties, failing which, learned Court below shall be at liberty

to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J)

shashank/-

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