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Patna High Court

Alok Kumar @ SonuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted interim pre‑arrest bail, directing the parties to mediation and conditioning the bail on the outcome of the mediation process.

Summary

The petitioner, Alok Kumar, sought pre‑arrest bail in a dowry‑related complaint (Case No. 2288 of 2024) alleging torture of his wife, Kajal Kumari, under Section 85 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner claimed the allegations were false and that the dispute was a private matrimonial matter, urging mediation. The court, relying on Supreme Court precedents that matrimonial disputes are private conflicts and should be settled amicably, directed the matter to the District Mediation Centre and granted interim protection to the petitioner, conditioning bail on successful mediation or further directions of the District Court. The court ordered that if mediation succeeds, the parties should withdraw any criminal proceedings and the petitioner be released on bail; if mediation fails, bail would still be granted on terms set by the District Court. The application was consequently disposed of with the interim protection and mediation instructions.

Issues considered

  • Whether the alleged dowry harassment constitutes a societal offence warranting pre‑arrest detention.
  • Whether a matrimonial dispute can be treated as a private matter and be referred to mediation.
  • Whether pre‑arrest bail should be granted subject to conditions of mediation and court directions.

Legislation cited

Subjects

  • pre‑arrest bail
  • dowry harassment
  • mediation
  • matrimonial dispute
  • criminal procedure
  • Dowry Prohibition Act
  • Section 85 BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10047 of 2026
                     Arising Out of PS. Case No.-2288 Year-2024 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
                 Alok Kumar @ Sonu S/O Umesh Kumar Gupta R/O Village- Milki, P.S.-
                 Bangra, District- Samastipur.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Kajal Kumari W/o Alok Kumar @ Sonu , D/O Ganesh Sah R/O At Present-
                 Village- Nayagaon West, P.S- Desari, Distt.- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sunil Kumar Singh, Advocate.
                 For the Opposite Party/s :     Mr.Kalyan Shankar, APP.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                       Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Complaint Case No. 2288 of 2024 for the offence

                   punishable under Section 85 of the BNS and Sections 3/4 of the

                   D.P. Act.

                                 3. The allegation is of subjecting the O.P. No.2 to

                   various sorts of torture and cruelty for non-fulfillment of

                   demand of dowry.

                                4.     Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is the husband of the O.P.

                   No.2 and the allegation levelled against him is false and
Patna High Court CR. MISC. No.10047 of 2026(2) dt.12-03-2026
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          concocted. Learned counsel further submitted that marriage is a

          sacred ceremony but little matrimonial skirmish suddenly erupts

          into hatred and the parties can be allowed to ponder to reconcile

          their dispute outside the court. He submitted that the matter be

          referred for mediation.

                       5. Learned APP for the State submitted that

          opportunity shall be given to the parties to reconcile their

          dispute amicably.

                       6. The petitioner’s counsel informs that he has

          received instruction that the petitioner also wants to reconcile

          the dispute by way of mediation.

                       7. The petitioner has agreed to appear before the

          learned District Court at 10:30 A.M. on 17.03.2026 for

          resolving the dispute by way of mediation.

                       8. Heard the parties.

                       9. This Court finds that the matrimonial dispute is not

          an offense against the society rather a matrimonial dispute is a

          private conflict between spouses and does not inherently

          constitute an offence against society, as has been held by 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

          which is as under:-

                                               “12.    The     special   features   in   such
Patna High Court CR. MISC. No.10047 of 2026(2) dt.12-03-2026
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                                  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 petitioner has desired to appear before the

          learned District Court on or before 17.03.2026, so that the

          matter can be referred to the District Mediation Centre.

                       11. Learned District Court is directed to take

          necessary steps to refer the matter before the learned Mediator

          of the District Mediation Center by issuing notice to O.P. No.2

          and fixing a date for appearance of the parties to give effect to

          “Mediation for the Nation 2.0”.

                       12. Learned Mediator of the District Mediation Center

          concerned, upon appearance of the parties, shall make his/her

          best efforts to settle the dispute amicably and thereafter submit

          his/her report before the concerned learned District Court, well
Patna High Court CR. MISC. No.10047 of 2026(2) dt.12-03-2026
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          within a period of three months, till then, no coercive action

          shall be taken against the petitioner 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 as referred hereinabove, the petitioner 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 petitioner to

          appear on 17.03.2026 before the learned District Court or any

          date fixed by the learned Mediator, the interim protection

          granted to the petitioner shall automatically lose its force.

                       15. In case, it is deliberate on the part of the

          complainant to reconcile, then in that case, the             interim

          protection granted to the petitioner 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, petitioner

          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. If both the parties arrive at amicable settlement,

          then they must withdraw the criminal cases, if any, which they
           Patna High Court CR. MISC. No.10047 of 2026(2) dt.12-03-2026
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                     have lodged against each other.

                                  18.    With aforesaid direction and observation, the

                     present application stands disposed of.

                                  19. Let a copy of this order be communicated to the

                     Member Secretary, Bihar State Legal Services Authority and the

                     Patna High Court Mediation Centre for the purpose of record.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T


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