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Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.13562 of 2026(4) dt.11-05-2026
                                            2/4




          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
Patna High Court CR. MISC. No.13562 of 2026(4) dt.11-05-2026
                                            3/4




          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,
           Patna High Court CR. MISC. No.13562 of 2026(4) dt.11-05-2026
                                                       4/4




                     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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