Patna High Court
JanweerversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the matrimonial dispute is a private conflict, not an offence against society, and therefore granted provisional bail while directing mediation.
Summary
The petitioner, Janweer, sought pre‑arrest bail in a complaint alleging he tortured his wife, Asro Khatoon, over dowry demands, invoking sections 85, 115(2), 303(2), 352, 351(2)(3) and 3(5) of the Bihar Negotiable (BNS) Act. The petitioner claimed the allegations were false, asserted a clean record, and expressed willingness to keep his wife with dignity. Both parties indicated a desire to live together peacefully, and the court noted that a matrimonial dispute is a private matter, not an offence against society, citing Rajendra Bhagat v. State of Jharkhand. Consequently, the court granted provisional bail subject to conditions under Cr.P.C. §§ 438(2) and 482(2) and ordered the district court to facilitate mediation. If the parties settle, the bail will become absolute; otherwise, the regular legal process will continue.
Issues considered
- Whether a pre‑arrest bail can be granted in a case arising from a matrimonial dispute alleged under the BNS Act.
- Whether a matrimonial dispute constitutes an offence against society for the purpose of bail considerations.
- Whether mediation is an appropriate mechanism for resolving the dispute before proceeding with criminal trial.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- matrimonial dispute
- dowry cruelty
- mediation
- BNS Act
- Cr.P.C. 438
- Cr.P.C. 482
- private conflict
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25403 of 2026
Arising Out of PS. Case No.-1496 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Janweer son of Md. Kalmuddin Resident of village- Purwari Jhirua ward
number 10, PS -Simraha District - Araria
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Asro Khatoon Wife of janweer Resident of village- Purwari Jhirua ward
number 02, PS -Simraha District - Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
for OP No.2 : Mr.Naushaduzzoha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner, 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 Case No. 1496 of 2024 for the offences
punishable under Sections 85, 115(2), 303(2), 352, 351(2)(3)
and 3(5) of BNS.
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.
Patna High Court CR. MISC. No.25403 of 2026(2) dt.22-04-2026
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No.2 and the allegation levelled against him is false and
concocted. The petitioner in Paragraph No. 12 of the bail
application has specifically stated that he is ready to keep his
wife with full dignity and honour. The petitioner has clean
antecedent.
5. Learned counsel appearing on behalf of the O.P.
No.2 and learned APP for the State jointly opposed the prayer
for bail to the petitioner.
6. Both the learned counsels jointly informs this Court
that the respective parties are ready to live together and lead a
peaceful life.
7. Considering the said information and 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. However, the identity of both the parties
must be ascertained at the time of furnishing of the bail bond.
7. 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
Patna High Court CR. MISC. No.25403 of 2026(2) dt.22-04-2026
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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”.
8. In case, the parties settle their dispute, the
provisional bail shall be made absolute.
9. In case of failure, the law will take its own course.
10. The bail application stands disposed of.
11. 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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