Patna High Court
Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court ordered the matter to be referred to mediation, granting interim protection and deferring the decision on bail until after mediation.
Summary
The petitioners applied for pre‑arrest bail in a complaint (No. 1196/2021) alleging offences under IPC sections 341, 323, 406 and Dowry Prohibition Act sections 3 and 4, wherein they were accused of demanding Rs 5 lakhs and a motorcycle as dowry and refusing to solemnise a marriage. The petitioners claimed they were falsely implicated, had no dowry demand, and sought bail while proposing mediation to settle the matrimonial dispute. The State opposed bail but expressed willingness for an amicable settlement. The Court, after hearing both sides, directed that the dispute be referred to the District Mediation Centre, granting interim protection to the petitioners and ordering that bail be considered only after mediation. The application for pre‑arrest bail was therefore disposed with directions for mediation and conditional bail.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail in the dowry‑related criminal complaint
- Whether the matter should be referred to mediation before granting bail
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 406
Subjects
- pre‑arrest bail
- dowry prohibition
- mediation
- matrimonial dispute
- criminal procedure
- IPC
- Section 341
- Section 323
- Section 406
- Section 3 Dowry Act
- Section 4 Dowry Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13562 of 2026
Arising Out of PS. Case No.-1196 Year-2021 Thana- VAISALI COMPLAINT CASE District-
Vaishali
======================================================
1. Sanjeet Kumar Son of Tribhuwan Rai R/o - Bajitpur, P.S - Paru, District -
Muzaffarpur
2. Suman Devi @ Suman Kumari Wife of Tribhuwan Rai R/o - Bajitpur, P.S -
Paru, District - Muzaffarpur
3. Alok Kumar son of Late Randhir Singh R/o - Bajitpur, P.S - Paru, District -
Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raj Narayan Patel Son of Vishnudev Patel R/o - Sirsaviran, Ps- Lalganj,
Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Sharma, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 11-05-2026 Heard Mr. Nagendra Sharma, learned counsel
appearing on behalf of the petitioners and Mr. Rajendra Nath
Jha, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with complaint case no. 1196/2021 registered for the offence(s)
punishable under sections 341,323,406, of the IPC and sections
3,4 of Dowry Prohibition Act.
3. As per the allegation made in the FIR, after
receiving cash, jewellery and other articles in the Chheka, the
accused persons allegedly demanded Rs.5 lakhs and a Bullet
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motorcycle as dowry and, on non-fulfilment thereof, refused to
solemnize the marriage and got the groom married elsewhere.
4. Learned counsel for the petitioners submitted that
the petitioners are innocent and have been falsely been
implicated in the present case with malafide intention to extract
money. Due to unemployment of petitioner no.1, the
complainant himself withdrew from the marriage negotiation
after his daughter got appointed as a Nurse in the year 2021.
Learned counsel further submitted that no dowry demand was
ever made and the allegations are false and concocted. The
daughter of the complainant has already solemnized marriage
with another person in the year 2023 and is living peacefully in
her matrimonial home. The petitioners have clean antecedent.
However, learned counsel submitted that the dispute between
the parties arises out of matrimonial negotiation and alleged
demand of dowry, and for amicable settlement of dispute
between the parties outside the Court, the matter be referred for
mediation.
5. Per contra, learned APP appearing on behalf of the
State submitted that a chance be given to the parties for
amicable settlement outside the Court.
6. Having heard the rival submissions made on behalf
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of the parties and upon consideration of the nature of allegations
and the background of the matrimonial dispute, I am of the
opinion that an opportunity is to be given to the parties to settle
their dispute amicably outside the Court.
7. The learned District Court is directed to issue
notice to O.P. No.2 and fix a date after two weeks for
appearance of the parties and take necessary steps to refer the
matter before the learned Mediator of the District Mediation
Centre concerned to give effect to “Mediation for the Nation
2.0”.
8. Upon appearance of the parties, the learned
Mediator shall make sincere endeavour to resolve the dispute
amicably and submit a report before the learned District Court
within a period of three months. Till submission of the
mediation report, no coercive action shall be taken against the
petitioners in connection with the present case.
9. In case the parties arrive at an amicable settlement
or mutual understanding, the petitioners shall be released on
pre-arrest bail on such terms and conditions as the learned
District Court may deem fit and proper.
10. In case the complainant deliberately fails to
participate in the mediation proceeding or refuses to reconcile,
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the interim protection granted to the petitioners shall continue
and the proceeding before the court below shall proceed in
accordance with law.
11. If the petitioners fail to appear before the learned
District Court or before the learned Mediator on the date so
fixed, the interim protection granted to them shall automatically
lose its force.
12. If the mediation proceeding fails, the parties shall
be at liberty to avail appropriate remedy before the Competent
Court and in such event also, the petitioners shall be released on
pre-arrest bail on such terms and conditions as the learned
District Court deems fit and proper.
13. In case the parties arrive at amicable settlement,
they shall also withdraw the criminal cases, if any, instituted
against each other.
14. With the aforesaid observations and directions, the
present application stands disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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