Patna High Court
Sanjay GondversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court granted interim pre‑arrest bail, directing mediation and conditioning the bail on the petitioner’s participation in the process.
Summary
The petitioner, Sanjay Gond, applied for pre‑arrest bail in a case arising from a matrimonial dispute where the informant alleged assault and other offences under several sections of the Bihar Penal Code. The petitioner claimed innocence, asserting that the case was false and stemmed from family‑driven conflict rather than a societal offence. The State opposed the bail but suggested an amicable settlement. The High Court, relying on precedents emphasizing the need to encourage settlement of matrimonial disputes, directed that the matter be referred to the District Mediation Centre and granted interim protection to the petitioner, conditioning bail on the petitioner’s appearance before the district court and participation in mediation. The Court ordered that if mediation succeeds, the petitioner would be released on bail; if not, bail would still be considered by the district court, and the interim protection would lapse upon non‑appearance. The application for bail was consequently disposed of with these directions.
Issues considered
- Whether a matrimonial dispute, alleged to involve criminal offences, can be treated as a private matter warranting pre‑arrest bail.
- Whether continuation of criminal proceedings in such a dispute amounts to abuse of process.
- Whether the court should direct mediation before granting bail.
Subjects
- pre‑arrest bail
- matrimonial dispute
- mediation
- abuse of process
- criminal procedure
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.384 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- Chakki District- Buxar
======================================================
Sanjay Gond S/O Nand Bihari Gond @ Mutishan R/O Village- Chakki
Lakshman Dera, P.S- Chakki, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punam Devi D/O Shivji Gond R/O Village- Mahraura, P.S- Dumraon, Distt.-
Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhaskar Shankar, Advocate
For the Opposite Party/s : Mr.c APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mr. Bhaskar Shankar, learned counsel
appearing on behalf of the petitioner and Mr. Jai Narain Thakur,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Chakki P.S. Case No. 16/2025 registered for the offence(s)
punishable under Sections 126(2),115(2),303(2),85,352,351(2)
(3),3(5) of the BNS.
3. As per the allegation made in the FIR, the marriage
of the informant was solemnized with the petitioner in the year
2010 as per Hindu Rites and Customs. After some time of
marriage petitioner along with other family members started
assaulting and torturing the informant.
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4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. He further submitted that
petitioner always tries to lead a peaceful married life with the
informant but she never co-operates with him on the instigation
of her family members. Learned counsel further submitted that
marriage is a sacred ceremony but little matrimonial skirmish
suddenly erupts into hatred and the parties ponder to reconcile
their dispute outside the court.
5. Learned APP appearing on behalf of the State
submitted that a chance be given to the parties for amicable
settlement outside the court.
6. However, at this stage, the petitioner’s counsel on
instruction submitted that the petitioner has agreed to appear
before the learned District Court at 10:30 A.M. on 12.02.2026
for resolving the dispute by way of mediation.
7. Heard the parties.
8. 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. However, a false case can have a disastrous
consequence in absence of any criminal content. The personal
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dispute cannot call for a criminal offence. In such situation,
continuation of the proceeding would amount to abuse of
process of law leading to vexatious proceeding against the
petitioner.
9. In this regard, 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 has held 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 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.”
10. The petitioner has willingly desired to appear
before the learned District Court on 12.02.2026, so that the
matter can be referred to the District Mediation Centre.
11. Learned District Court is directed to take
necessary steps to issue notices to the respective parties and
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upon their appearance, refer the matter before the learned
Mediator of the District Mediation Center by fixing a date for
appearance of the parties.
12. Learned Mediator of the District Mediation Center
concerned upon appearance of the parties on the fixed date 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.
13. 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, the petitioner is required to be released on pre-
arrest bail on such terms and conditions as the learned District
Court deems it fit and proper.
14. In case of failure on the part of the petitioner to
appear on 12.02.2026 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.
15. In case, it is deliberate on the part of the opposite
party no.2 to reconcile, then in that case, the interim protection
granted to the petitioner shall continue and the trial shall
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proceed in accordance with law.
16. 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.
17. With aforesaid direction and observation, the
present application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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