Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24561 of 2025 Arising Out of PS. Case No.-1118 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Om Prakash Kumar S/o Jai Mangal Prasad @ Jay Mangal Prasad Resident of village - Madhuwaha, Vrit, P.S.- Rajepur, Distt.- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Aarti Kumari D/o Rambabu Prasad R/o vill - Madhuwaha Mal, P.S. - Rajepur, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2026
1. Heard learned counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 1118 of 2024 for the offences punishable under Sections 498(A) of the Indian Penal Code.
3. That the prosecution story, as per the complaint case, is that the marriage of informant-opposite party no. 2 was solemnized with the petitioner on 03.05.2021. At the time of marriage her parents gave cash of Rs. 5,51,000/-, jewellery worth about Rs. 2 lakhs, other household
2/4 articles and a Hero Honda motorcycle. However, soon after the accused persons started demanding Alto car as dowry and due to non-fulfilment of the demand, the informant was harassed and tortured mentally and physically. In the meanwhile a son was born out of the wedlock. During subsequent pregnancy, after getting knowledge that the foetus was female, medicine was administered with an intent to terminate pregnancy resulting in miscarriage. It has further been alleged that on 06.04.2023 the accused persons assaulted the informant by means of fists and legs and pressed her neck and ousted her out of the matrimonial home during pregnancy and despite birth of her child the accused persons neither took her back nor provided maintenance.
4. Earlier, the matter was referred to mediation centre by this Court vide its order, dated 02.09.2025.
5. Learned counsel for the petitioner submits that the mediation has been successful and both the parties have resolved their disputes through process of mediation in accordance with the terms of settlement, mutually arrived at by the parties, having been recorded in the mediation report, dated 13.10.2025, passed in Mediation Proceeding
3/4 No. 1284 of 2025. He next submits that vide order, dated 03.11.2025, this court, after considering the mediation report, granted three months' time for observation, which has now been completed. He further submits that cordial relationship has been restored between both the husbandpetitioner and wife-opposite party no. 2 and they are living together along with their children.
6. I have heard learned counsel for the parties and have gone through the materials available on record, including mediation report.
7. Considering the submissions advanced by the parties and taking into consideration the terms of settlement arrived at between them in mediation and in the interest of both the husband and the wife, I am inclined to grant the petitioner privilege of anticipatory bail, subject to condition that the petitioner shall abide by the terms and condition of the settlement, arrived at and signed by both the parties in mediation.
8. This application is, accordingly, allowed.
9. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing
4/4 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Sadar, Motihari, East Champaran, in connection with Complaint Case No. 1118 of 2024.
(Anil Kumar Sinha, J) ashwani/- U T