Patna High Court
Faraz AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the dispute is a private matrimonial matter and directed mediation, granting conditional pre‑arrest bail pending reconciliation.
Summary
Faraz Ahmad, the husband, was charged under Section 85 of the BNS and Section 3(5) of the Dowry Prohibition Act for allegedly torturing his wife over dowry demands. He applied for pre‑arrest bail, contending that the allegations were false and that the matter was a private matrimonial dispute. Both parties expressed willingness to resolve the issue through mediation and agreed to appear before the District Court on 24‑03‑2026. The High Court, relying on Supreme Court precedents that matrimonial disputes are private matters, directed the case to the District Mediation Centre, granted interim protection to the petitioner, and ordered that bail be released on terms set by the mediator. The application was disposed of, with the court emphasizing that if reconciliation occurs the criminal cases should be withdrawn.
Issues considered
- Whether the alleged dowry‑related offences constitute a private matrimonial dispute warranting mediation rather than immediate criminal prosecution.
- Whether pre‑arrest bail should be granted in a case involving Section 85 of the BNS and Section 3(5) of the Dowry Prohibition Act.
- Whether the court can condition bail on the outcome of a mediation process.
Legislation cited
- BNS — s. 85
- Dowry Prohibition Act — s. 3(5)
Subjects
- pre‑arrest bail
- matrimonial dispute
- dowry harassment
- mediation
- criminal procedure
- Section 85 BNS
- Section 3(5) Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11965 of 2026
Arising Out of PS. Case No.-2140 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Faraz Ahmad S/o Late Md. Taha R/o Village - Sonarpatti, Ward No. 3,
Mirzapur, P.S - Simraha, District - Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Gufrana W/o Faraz Ahmad D/o Md. Ekramuddin , At present R/o
Village - Mirzapur Ward No. 10, P.S - Simraha, District - Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Naushaduzzoha, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP for the State and the learned counsel for
the informant.
2. The petitioner seeks pre-arrest bail in connection
with Complaint Case No.2140C/2024, for the offences
punishable under Sections 85 of the BNS and Section 3(5) of
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.
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No.2 and the allegation levelled against him is false and
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 counsel appearing on behalf of the O.P.
No.2 and learned APP for the State jointly submitted that
opportunity shall be given to the parties to reconcile their
dispute amicably.
6. The petitioner’s counsel also informs that he has
received instruction that the petitioner also wants to reconcile
the dispute by way of mediation.
7. The parties have agreed to appear before the
learned District Court at 10:30 A.M. on 24.03.2026 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,
Patna High Court CR. MISC. No.11965 of 2026(2) dt.12-03-2026
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reported in, (2003) 4 SCC 675, in paragraph nos. 12 and 13
which is 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 parties have willingly desired to appear
before the learned District Court on or before 24.03.2026, 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 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
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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 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 24.03.2026 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 informant
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.
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17. If both the parties arrive at amicable settlement,
then they must withdraw the criminal cases, if any, which they
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)
chn/-
U T
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