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Patna High Court

Dipu Kumar Singh @ Dipu @ Kariman SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the matrimonial dispute is a private matter, not an offence against society, and therefore granted interim pre‑arrest bail subject to mediation and the welfare considerations of the children.

Summary

Dipu Kumar Singh applied for pre‑arrest bail in a case arising from a matrimonial dispute where his wife alleged dowry demands, torture and her ouster from the marital home. The petitioner contended that the allegations were false and that the matter should be resolved through mediation. The court observed that matrimonial disputes are private conflicts and not offences against society, citing Supreme Court precedents. It directed the parties to appear before the District Mediation Centre and granted interim protection to the petitioner, conditioning bail on the outcome of mediation. The court emphasized the paramount importance of the children’s welfare and instructed the lower court to consider appropriate financial support for them.

Issues considered

  • Whether a matrimonial dispute constitutes an offence against society warranting denial of pre‑arrest bail
  • Whether the petitioner is entitled to interim protection and pre‑arrest bail pending mediation
  • How the welfare of the children should be addressed in the context of the dispute

Legislation cited

Subjects

  • pre‑arrest bail
  • matrimonial dispute
  • dowry
  • mediation
  • child welfare
  • criminal procedure
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15121 of 2026
                    Arising Out of PS. Case No.-151 Year-2025 Thana- Haraiya District- East Champaran
                 ======================================================
                 Dipu Kumar Singh @ Dipu @ Kariman Singh, Aged about 30 years, Gender-
                 Male, S/O Pramod Kumar Singh, Resident of village - Chikni, P.O.- Jokiyari,
                 P.S.- Haraiya, District- East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Lalti Devi W/O Dipu Kumar Singh @ Dipu @ Kariman Singh, D/O
                 Vashisht Singh R/O Vill.- Bharatmahi, P.S.- Haraiya, Dist.- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Singh, Advocate
                 For the O.P. No. 2       :        Mrs. Priyanka Kumari, Advocate
                 For the State            :        Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   25-03-2026                           Heard learned counsel appearing on behalf of

                   the petitioner, learned APP for the State and learned counsel for

                   the O.P. Nos.2.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Haraiya P.S. Case No. 151 of 2025 for the offences

                   punishable under Sections 115, 118(1), 126(2), 109, 85 of the

                   BNS and Sections 3/4 of the D.P. Act.

                                 3. As per the allegation made in the FIR, the O.P. No.

                   2 was married to the petitioner, Dipu Kumar Singh in the year

                   2018 as per Hindu Rites and Custom and they have been blessed

                   with two sons and a daughter out of the said wedlock. After few

                   years of marriage, petitioner along with his family members,
Patna High Court CR. MISC. No.15121 of 2026(2) dt.25-03-2026
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          had started demanding bullet motorcycle as dowry and due to

          non-fulfillment of the same, petitioner along with his family

          members, had subjected the O.P. no. 2 to various sorts of torture

          and ousted her from her matrimonial house.

                       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

          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

          informant opposing the prayer for grant of pre-arrest bail

          submitted that an opportunity may be given to the parties to

          resolve their dispute amicably outside the Court. He further

          submitted that the petitioner and O.P. No.2 have three children

          and petitioner is not taking care of her children, who require

          proper nourishment and good education and demanded Rs.

          20,000/- per month from the petitioner for proper nourishment

          and good education of the children.

                       6. Learned APP appearing on behalf of       the State
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          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       7. The petitioner’s counsel also informs that he has

          received instruction that the petitioner also wants to reconcile

          the dispute by way of mediation.

                       8. The parties have agreed to appear before the

          learned District Court at 10:30 A.M. on 03.04.2026 for

          resolving the dispute by way of mediation.

                       9. Heard the parties.

                       10. 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
                                  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
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                                  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.

                       11. The parties have willingly desired to appear before

          the learned District Court on or before 03.04.2026, so that the

          matter can be referred to the District Mediation Centre.

                       12. 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”.

                       13. 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

          within a period of three months, till then, no coercive action

          shall be taken against the petitioner in connection with the

          aforesaid case.

                       14. 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
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          conditions as the learned District Court deems it fit and proper.

                       15. In case of failure on the part of the petitioner to

          appear on 03.04.2026 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.

                       16. 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.

                       17. 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.

                       18. If both the parties arrive at amicable settlement,

          then they must withdraw the criminal cases, if any, which they

          have lodged against each other.

                       19. As a result of the strained matrimonial relationship

          between husband and wife, the child should not suffer. The

          Apex Court found it in the case of Howarth v. Northcott, 152

          Conn 460 that the welfare of the child is of paramount

          consideration of the Court. I find it apt to reproduce the

          observations made by the Apex Court in the aforesaid case,
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          which is as under:

                                       "In habeas corpus proceedings to determine
                          child custody, the jurisdiction exercise by the Court rests in
                          such cases on its inherent equitable powers and exerts
                          theforce of the State, as parens patrie, for the protection of
                          its infant ward, and the very nature and scope of the inquiry
                          and the result sought to be accomplished call for the
                          exercise of the jurisdiction of a court of equity.” (emphasis
                          supplied)
                                       It was further observed;
                                       “The employment of the forms of habeas corpus
                          in a child custody case is not for the purpose of testing the
                          legality of a confinement or restraint as contemplated by
                          the ancient common law writ, or by statute, but the primary
                          purpose is to furnish a means by which the court, in the
                          exercise of its judicial discretion, may determine what is
                          best for the welfare of the child, and the decision is reached
                          by a consideration of the equities involved in the welfare of
                          the child, against which the legal rights of no one, including
                          the parents, are allowed to militate. It was also indicated
                          that ordinarily, the basis for issuance of a writ of habeas
                          corpus is an illegal detention; but in the case of such a writ
                          sued out for the detention of a child, the law is concerned
                          not so much with the illegality of the detention as with the
                          welfare of the child.”


                       20. In this regard, it would be also gainful to

          reproduce the observation made by the Apex Court in Mausami

          Moita Ganguli V. Jayant Ganguli reported in (2008)7 SCC 673

          in paragraph nos. 19 to 21 and 23 to 26:

                                       “19. The principle of law in relation to the
                          custody of a minor child are well settled. It is trite that
                          while determining the question as to which parent the care
                          and control of a child should be committed, the first and the
                          paramount consideration is the welfare and interest of the
                          child and not the rights of the parents under a statute.
                          Indubitably, the provisions of the law pertaining to the
                          custody of a child contained in either the Guardians and
                          Wards Act, 1890(Section 17) or the Hindu Minority and
                          Guardianship Act, 1956 (Section 13) also hold out the
                          welfare of the child as a predominant consideration. In fact,
                          no statute, on the subject, can ignore, eschew or obliterate
                          the vital factor of the welfare of the minor.”
                                       “20. The question of welfare of the minor child
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                          has again to be considered in the background of the
                          relevant facts and circumstances. Each case has to be
                          decided on its own facts and other decided cases can hardly
                          serve as binding precedents in so far as the factual aspects
                          of the case are concerned. It is, no doubt, true that father is
                          presumed by the statues to be better suited to look after the
                          welfare of the child, being normally the working member
                          and head of the family, yet in each case the court has to see
                          primarily to the welfare of the child in determining the
                          question of his or her custody. Better financial resources of
                          either of the parents or their love for the child may be one
                          relevant considerations but cannot be the sole determining
                          factor for the custody of the child. It is here that a heavy
                          duty is cast on the court to exercise its judicial discretion
                          judiciously in the background of all the relevant facts and
                          circumstance, bearing in mind the welfare of the child as
                          the paramount consideration.”
                                       21. In Rosy Jacob v. Jacob A. Chakramakkal
                          reported in (1973) 1 SCC 840, a three-Judge Bench of the
                          Apex Court in a rather curt language had observed that the
                          controlling factor governing the custody of the child would
                          be its welfare and not the rights of the parent:
                                       “15. ... The children are not mere chattels: nor
                          are they mere playthings for their parents. Absolute right of
                          the parents over the destinies and the lives of their children
                          has, in the modern changed social conditions, yielded to the
                          considerations of their welfare as human being so that they
                          may grow up in a normal balanced manner to be useful
                          members of the society and the guardian court in case of a
                          dispute between the mother and the father, is expected to
                          strike a just and proper balance between the requirements
                          of welfare of the minor children and the rights of their
                          respective parents over them.”
                                       “23.     Having      bestowed     our     anxious
                          consideration to the material on record and the observation
                          made by the courts below, we are of the view that in the
                          present case there is no ground to upset the judgment and
                          order of the High Court. There is nothing on record to
                          suggest that the welfare of the child is in any way in peril in
                          the hands of the father. In our opinion, the stability and
                          security of the child is also essential ingredient for a full
                          development of child’s talent and personality. As noted
                          above, the appellant is a teacher, now employed in a school
                          at Panipat, where she had shifted from Chandigarh some
                          time back. Earlier, she was teaching in some school at
                          Calcutta.
                                       Admittedly, she is living alone. Except for a very
                          short duration when he was with the appellant, Master
                          Satyajeet has been living and studying in Allahabad in a
                          good school and is stated to have his small group of friends
                          there. At Panipat, it would be an entirely new environment
                          for him as compared to Allahabad.”
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                                       “25. It is also significant to note that during the
                          course of hearing on one of the dates, when we had not yet
                          interviewed Satyajeet, we had suggested that it would be
                          better if the child could stay with his mother for some more
                          time. However, upon hearing us, he started crying and
                          whining and, showed reluctance to go with the mother.”
                                       Watching his reaction, we dropped the proposal.
                                       “26. Under these circumstances and bearing in
                          mind the paramount consideration of the welfare of the
                          child, we are convinced that the child’s interest and welfare
                          will be best served if he continues to be in the custody of the
                          father, In our opinion, for the present, it is not desirable to
                          disturb the custody of master Satyajeet and, therefore, the
                          order of the High Court giving his exclusive custody to the
                          father with visitation rights to the mother deserves to be
                          maintained. We feel that the visitation rights to the
                          appellant by the High Court, as noted above, also do not
                          require any modification.”
                                       We, therefore, affirm the order and the afore-
                          extracted direction given by the High Court. It will,
                          however, be open to the parties to move this Court for
                          modification of this order or for seeking any direction
                          regarding the custody and well- being of the child, if there
                          is any change in the circumstances.”


                       21. In the case of Gaurav Nagpal v. Sumedha

          Nagpal reported in (2009) 1 SCC 42, the Apex Court in

          paragraph 50 has held as follows:-

                                       "50. When the Court is confronted with
                          conflicting demands made by the parents, each time it has
                          to justify the demands. The Court has not only to look at the
                          issue on legalistic basis, in such matters human angles are
                          relevant for deciding those issues. The Court then does not
                          give emphasis on what the parties say, it has to exercise a
                          jurisdiction which is aimed at the welfare of the minor."


                       22. Learned District Court, in such circumstances,

          where the interest of the child becomes paramount, is directed to

          decide the amount, which is required for proper growth and

          good education of the three children of the petitioner and the
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                        O.P. No. 2. It is well settled principle of law that the rule of the

                        Court becomes parens patriae. He must exercise his jurisdiction

                        to consider for the welfare of the children which is paramount

                        till the parties resolve their dispute in accordance with the law.

                                     23.    With aforesaid direction and observation, the

                        present application stands disposed of.

                                     24. 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)
Niraj/-

U         T


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