Patna High Court
Sarfaraz AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The matrimonial dispute is a private matter, not an offence against society, and the petitioner is entitled to provisional bail subject to conditions and mediation.
Summary
Sarfaraz Alam applied for pre‑arrest bail after being charged under several provisions of the Bihar Nativity and Security Act, 2023, corresponding IPC sections and Section 67 of the Income‑Tax Act for allegedly subjecting his informant, Chandtara Khatoon, to cruelty, refusing cohabitation and posting objectionable photographs online. The informant has a maintenance order against the petitioner and claims two children were born out of wedlock. The State opposed bail, while the petitioner argued that the dispute is a matrimonial matter that should be resolved under Muslim law. The Court held that a matrimonial dispute is a private conflict, not an offence against society, and therefore granted provisional bail subject to conditions under Cr.P.C. §§438(2) and 482(2) and directed the district court to facilitate mediation as per the Apex Court’s decision in Rajendra Bhagat v. State of Jharkhand. The bail application was disposed with the proviso that the bail become absolute if the parties settle the dispute through mediation.
Issues considered
- Whether the allegations arising from a matrimonial dispute constitute an offence against society warranting denial of bail
- Whether the petitioner is entitled to pre‑arrest bail under Cr.P.C. §§438(2) and 482(2) despite the serious charges
- Whether mediation is appropriate for resolving the matrimonial dispute in the context of criminal proceedings
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Income Tax Act — s. 67
- Indian Penal Code — s. 323, 340, 498(A), 504, 506/34
Subjects
- pre‑arrest bail
- matrimonial dispute
- mediation
- cruelty
- domestic violence
- Section 438 Cr.P.C.
- Section 482 Cr.P.C.
- private dispute
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25096 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- DIGHALBANK District- Kishanganj
======================================================
Sarfaraz Alam S/O Mahjib Alam Resident of village - Mohmari Ward No.02,
Kajla Chowk, P.S. - Dighalbank, District – Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandtara Khatoon D/O Shan Mohammad Resident of village - Futaniganj
Ward No.03, P.S. - Dighalbank, District - Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar, Advocate
For the State : Mr.Shahabuddin Azeem @ S. Azeem, APP
For the OP No2 : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the pe-
titioner, learned APP for the State and learned counsel for the
O.P. No.2.
2. The petitioner seeks pre-arrest bail in connection
with Complaint Dighalbank P.S.Case No.171 of 2025 for the
offences punishable under Sections 126(2), 115(2), 356, 79, 77,
85, 351(2), 352 and 3(5) of BNS, 2023 (corresponding Section
340, 323, 498(A), 504 and 506/34 IPC) and Section 67 of I.T.
Act.
3. The allegation against the petitioner is that he has
subjected Opposite Party No. 2 (informant), who is aged about
21 years, to cruelty and is unwilling to cohabit with her. It is
Patna High Court CR. MISC. No.25096 of 2026(2) dt.22-04-2026
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further alleged that after deserting the informant, the petitioner
uploaded objectionable photographs of her on social media with
an intention of tarnishing her social reputation.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is not willing to reside
with the informant and that the governing Muslim law provides
a remedy for dissolution of marriage. However, no steps have
been taken by the petitioner in this regard.
5. Learned APP for the State has opposed the prayer
for bail to the petitioner.
6. Learned counsel for the informant submitted that a
maintenance case has been instituted, in which an interim order
has been passed directing the petitioner to pay a sum of Rs.
7,500/- per month to the informant. The informant has also
asserted that two children were born out of the wedlock with the
petitioner.
7. Considering the nature of allegation against the
petitioner, the petitioner, above named, is directed to be released
on bail provisionally on such terms and conditions as the
learned District Court deems it fit and proper, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
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8. 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 Rajendra Bhagat v. State of
Jharkhand, reported in (2022) 18 SCC 465. Learned District
Court is directed to examine the matter for settlement of the
dispute outside the court by way of mediation in light of the law
laid down by the Apex Court in case of Rajendra Bhagat
(supra) and take necessary steps to issue notices to the
respective parties and upon their appearance refer the matter
before the learned Mediator of the District Mediation Centre by
fixing a date for appearance of the parties to give effect to
“Mediation for the Nation 2.0”.
9. In case, the parties settle their dispute, the
provisional bail shall be made absolute.
10. If the petitioner does not appear before the
learned district court then the informant is at liberty to inform
the Police and in that circumstances, the concerned
Investigating Officer is directed to forthwith take the petitioner
into custody.
11. The bail application stands disposed of.
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12. 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/-
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