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Patna High Court

Saurabh Sunny @ Saurabh Kumar @ Saurabh SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered the appellant’s release on pre‑arrest bail, directing the matter to be referred to the District Mediation Centre and disposing of the appeal.

Summary

The appellant, Saurabh Sunny, was charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for alleged dowry‑related physical and mental torture of his wife. The trial court denied his pre‑arrest bail, prompting an appeal under Section 14(A)(2) of the SC/ST Act. The Patna High Court held that the dispute is essentially matrimonial and private, not a societal offence, and therefore the court should encourage settlement through mediation. It directed the District Court to issue notices, refer the matter to the District Mediation Centre, and refrain from any coercive action against the appellant pending mediation. The court ordered that the appellant be released on pre‑arrest bail subject to the mediator’s efforts and the District Court’s discretion, and disposed of the appeal.

Issues considered

  • Whether a matrimonial dispute involving alleged dowry harassment under the SC/ST Act constitutes a criminal offence warranting denial of pre‑arrest bail.
  • Whether Section 14(A)(2) of the SC/ST Act can be invoked to obtain pre‑arrest bail in such circumstances.
  • Whether the court should order mediation in place of continued criminal proceedings.

Legislation cited

Subjects

  • pre‑arrest bail
  • SC/ST Act
  • dowry harassment
  • matrimonial dispute
  • mediation
  • abuse of process
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3102 of 2025
                       Arising Out of PS. Case No.-101 Year-2024 Thana- SC/ST District- Madhubani
                 ======================================================
                 Saurabh Sunny @ Saurabh Kumar @ Saurabh Sahni S/O Moti Prasad R/O-
                 J.P Colony, Ward No.-29, P.S - Town, District - Madhubani

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Anjali Kumari W/O Saurabh Sunny R/O- Village, J.P Colony, Ward No.-29,
                 P.S - Town, District - Madhubani, At present Churi Bazar, Dhobi Tol, Ward
                 No.-24, P.S- Town, Dist.- Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Ashok Kumar, ADvocate
                 For the Respondent/s    :        Ms.Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   23-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The appellant has preferred the appeal under

                   Section 14(A)(2) of the SC/ST Act against the rejection of

                   prayer for pre-arrest bail vide order dated 09.07.2025 by learned

                   District and Addl. Sessions Judge 1st-cum- Special Judge,

                   Madhubani in connection with Madhubani SC/ST P.S. Case

                   No.101/2024                 registered               under              Sections

                   147,341,,379,354B,498A,504,506, of the Indian Penal Code

                   and Sections 3(i)(r),3(i)(S) and 3(i)(wi) and ,3(2)(va) of the

                   SC/ST Act.

                                3. As per the allegation made in the FIR, the
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          informant, soon after her marriage, was subjected to physical

          and mental torture by her husband and her in-laws due to non-

          fulfillment of demand of dowry.

                       4. Learned counsel appearing on behalf of the

          appellant submitted that appellant is innocent and has falsely

          been implicated in the present case. He further submitted that

          appellant always tries to lead a peaceful married life with the

          informant but she never co-operates with him on the instigation

          of her family members. Learned counsel further submitted that

          marriage is a sacred ceremony but little matrimonial skirmish

          suddenly erupts into hatred and the parties ponder to reconcile

          their dispute outside the court.

                       5. Learned APP appearing on behalf of      the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       6. Learned counsel for the Appelant, on instruction,

          submitted that the appellant has agreed to appear before the

          learned District Court at 10:30 A.M. on 09.03.2026 for

          resolving the dispute by way of mediation.

                       7. Heard the parties.

                       8. The matrimonial dispute is not an offense against

          the society rather a matrimonial dispute is a private conflict
Patna High Court CR. APP (SJ) No.3102 of 2025(4) dt.23-02-2026
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          between spouses and does not inherently constitute an offence

          against society. However, a false case can have a disastrous

          consequence in absence of any criminal content. The personal

          dispute cannot call for a criminal offence. In such situation,

          continuation of the proceeding would amount to abuse of

          process of law leading to vexatious proceeding against                         the

          petitioner.

                        9. In this regard, the Apex Court in the case of B.S.

          Joshi v. State of Haryana, reported in, (2003) 4 SCC 675, in

          paragraph nos. 12 and 13 has held as under:-

                                   “12. The special features in such matrimonial matters
                                   are evident. It becomes the duty of the court to encourage
                                   genuine settlements of matrimonial disputes.
                                   13. The observations made by this Court, though in a
                                   slightly different context, in G.V. Rao v. L.H.V. Prasad
                                   [(2000) 3 SCC 693 : 2000 SCC (Cri) 733] are very apt
                                   for determining the approach required to be kept in view
                                   in a matrimonial dispute by the courts. It was said that
                                   there has been an outburst of matrimonial disputes in
                                   recent times. Marriage is a sacred ceremony, the main
                                   purpose of which is to enable the young couple to settle
                                   down in life and live peacefully. But little matrimonial
                                   skirmishes suddenly erupt which often assume serious
                                   proportions resulting in commission of heinous crimes in
                                   which elders of the family are also involved with the
                                   result that those who could have counselled and brought
                                   about rapprochement are rendered helpless on their
                                   being arrayed as accused in the criminal case. There are
                                   many other reasons which need not be mentioned here
                                   for not encouraging matrimonial litigation so that the
                                   parties may ponder over their defaults and terminate
                                   their disputes amicably by mutual agreement instead of
                                   fighting it out in a court of law where it takes years and
                                   years to conclude and in that process the parties lose
                                   their “young” days in chasing their “cases” in different
                                   courts.”

                        10. The appellant has willingly desired to appear

          before the learned District Court on 09.03.2026, so that the
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          matter can be referred to the District Mediation Centre.

                       11. Learned District Court is directed to take

          necessary steps to issue notices to the respective parties and

          upon their appearance, refer the matter before the learned

          Mediator of the District Mediation Center by fixing a date for

          appearance of the parties to give effect to Mediation 2.0.

                       12. Learned Mediator of the District Mediation Center

          concerned upon appearance of the parties on the fixed date shall

          make his/her best efforts to settle the dispute amicably and

          thereafter submit his/her report before the concerned learned

          District Court, well within a period of three months, till then, no

          coercive action shall be taken against the appeellant in

          connection with the aforesaid case.

                       13. In case, the parties resolve their dispute amicably

          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court, the appellant is required to be released on pre-

          arrest bail on such terms and conditions as the learned District

          Court deems it fit and proper.

                       14. In case of failure on the part of the appellant to

          appear on 09.03.2026 before the learned District Court or any

          date fixed by the learned Mediator, the interim protection

          granted to the appellant shall automatically lose its force.
           Patna High Court CR. APP (SJ) No.3102 of 2025(4) dt.23-02-2026
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                                  15. In case, it is deliberate on the part of the opposite

                     party no.2 to reconcile, then in that case, the interim protection

                     granted to the appellant shall continue and the trial shall proceed

                     in accordance with law.

                                  16. In case, the parties fail to reconcile, then in that

                     case, parties may avail appropriate remedy. Then also, appellant

                     is directed to be released on pre-arrest bail on such terms and

                     conditions as the learned District Court deems it fit and proper.

                                  17.    With aforesaid direction and observation, the

                     present appeal stands disposed of.



                                                (Purnendu Singh, J)
Sanjay/-

U      T


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