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Patna High Court

Md. Raja KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted pre‑arrest bail to the petitioner and ordered the matter to be referred to mediation, overturning the trial court’s denial of bail.

Summary

The petitioner, Md. Raja Khan, applied for pre‑arrest bail in a case under Section 4 of the Muslim Women (Protection of Right of Marriage) Act, 2019, alleging that he had pronounced triple talaq on his wife. The trial court rejected the bail application without considering the object of the Act. The Patna High Court held that the lower court acted mechanically and emphasized the need to encourage settlement of matrimonial disputes, referring to the Supreme Court’s decision in Rajendra Bhagat v. State of Jharkhand and related precedents. The High Court directed that the matter be referred to the District Mediation Centre and that the petitioner be released on pre‑arrest bail subject to conditions. It further ordered that if the parties reconcile, the criminal case be withdrawn, and if not, the bail remains subject to the district court’s discretion.

Issues considered

  • Whether pre‑arrest bail can be granted in an offence punishable under Section 4 of the Muslim Women (Protection of Right of Marriage) Act, 2019.
  • Whether the object of the Act permits the parties to settle the dispute through mediation.
  • Whether the Supreme Court’s jurisprudence on matrimonial disputes (Rajendra Bhagat v. State of Jharkhand) is applicable to a triple‑talaq case.

Legislation cited

Subjects

  • pre‑arrest bail
  • triple talaq
  • Muslim Women Act
  • mediation
  • matrimonial dispute
  • settlement
  • Section 4
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38727 of 2026
                      Arising Out of PS. Case No.-47 Year-2025 Thana- SALAIYA District- Aurangabad
                 ======================================================
                 Md. Raja Khan, Son of Jahangir Khan Resident of Village- Kukuraman PS-
                 Pratappur Distt -Chatra, Jharkhand
                                                                         ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Yasmin Naz Wife of Md. Raja Khan Resident of Village- Kukuraman PS-
                  Pratappur Distt -Chatra, Jharkhand At Present Daughter of Md. Hasnain
                  Khan, Resident of village- Basant, Ps- Salaiya, Dist- Aurangabad
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Navin Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
2   17-06-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Salaiya P.S. Case No. 47 of 2025 for the offences

                   punishable under Section 4 of the Muslim Women (Protection of

                   Right of Marriage) Act.

                                 3. As per the allegation made in the FIR, while the

                   complainant was in her naiher, her husband along with other

                   family members came and pronounced talak three times.

                                4. The petitioner is the husband and O.P. No. 2 is

                   wife, who are governed by Muslim Law. The offence committed

                   by the petitioner is allegedly under Section 4 of the Muslim

                   Women (Protection of Right of Marriage) Act, 2019. The

                   offence is not against the society, however, the protection has
Patna High Court CR. MISC. No.38727 of 2026(2) dt.17-06-2026
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          been granted to those women, who are being divorced by 'Triple

          Talaq'. Section 3 of the Act, 2019 provides that Mahr or other

          properties of Muslim woman to be given to her at the time of

          divorce. Section 4 of the Act provides for Punishment for

          pronouncing talaq. Section 7 of the Act provides for Offence to

          be cognizable, compoundable, etc.

                       5. It appears to me that learned District Court without

          applying its mind by not going through the object of the Act, in

          a mechanical manner, has passed the impugned order rejecting

          the bail application of the petitioner. Keeping in mind the very

          object of the Act, I am of the opinion that the parties first may

          settle their dispute outside the Court. Law in this regard is well

          settled by the Apex Court in the case of Rajendra Bhagat v.

          State of Jharkhand, reported in (2022) 18 SCC 465, and I find

          that it is applicable in the present case also.

                       6. The Apex Court in the case of Rajendra Bhagat

          (supra) in paragraph no.9 has held as under:-

                                                    “9. Taking note of the object of
                                        Section 498-AIPC, the expected approach of
                                        the High Court in the event of bona fide
                                        settlement of disputes had been duly
                                        exposited by this Court in B.S. Joshi v. State
                                        of Haryana [B.S. Joshi v. State of Haryana,
                                        (2003) 4 SCC 675 : 2003 SCC (Cri) 848] ,
                                        wherein this Court has underscored the duty
                                        of the Court to encourage the genuine
                                        settlement of matrimonial disputes and said
                                        as under : (SCC pp. 682-83, paras 12-16)
                                  “12. The special features in such matrimonial
Patna High Court CR. MISC. No.38727 of 2026(2) dt.17-06-2026
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                                  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 [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.
                                  14. There is no doubt that the object of introducing
                                  Chapter XX-A containing Section 498-A in the
                                  Penal Code, 1860 was to prevent torture to a
                                  woman by her husband or by relatives of her
                                  husband. Section 498-A was added with a view to
                                  punishing a husband and his relatives who harass or
                                  torture the wife to coerce her or her relatives to
                                  satisfy unlawful demands of dowry. The
                                  hypertechnical view would be counterproductive
                                  and would act against interests of women and
                                  against the object for which this provision was
                                  added. There is every likelihood that non-exercise of
                                  inherent power to quash the proceedings to meet the
                                  ends of justice would prevent women from settling
                                  earlier. That is not the object of Chapter XX-A of the
                                  Penal Code, 1860.
                                  15. In view of the above discussion, we hold that the
                                  High Court in exercise of its inherent powers can
                                  quash criminal proceedings or FIR or complaint
                                  and Section 320 of the Code does not limit or affect
                                  the powers under Section 482 of the Code.
Patna High Court CR. MISC. No.38727 of 2026(2) dt.17-06-2026
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                                  16. For the foregoing reasons, we set aside the
                                  impugned judgment and allow the appeal and quash
                                  the FIR abovementioned.”

                       7. The petitioner has willingly desired to appear

          before the learned District Court on 01.07.2026, so that the

          matter can be referred to the District Mediation Centre.

                       8. Learned District Court is directed to 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 Center by fixing a date for appearance of the

          parties to give effect to Mediation 2.0.

                       9. 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 one year, till then, no coercive action shall be

          taken against the petitioner in connection with the aforesaid

          case.

                       10. 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.

                       11. In case of failure on the part of the petitioner to
            Patna High Court CR. MISC. No.38727 of 2026(2) dt.17-06-2026
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                      appear on 01.07.2026 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.

                                   12.    In case, it is deliberate on the part of the

                      informant to reconcile, then in that case, the interim protection

                      granted to the petitioner shall continue and the trial shall

                      proceed in accordance with law.

                                   13. 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.

                                   14. If both the parties arrive at amicable settlement,

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

                      have lodged against each other.

                                   15.    With aforesaid direction and observation, the

                      present application stands disposed of.

                                   16. Let a copy of this order be communicated to the

                      District Legal Services Authority/Patna High Court Mediation

                      Centre for the purpose of record of nation for mediation 2.0.



                                                (Purnendu Singh, J)
Niraj/-
U       T


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