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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered interim protection and directed mediation, granting conditional pre‑arrest bail pending the outcome of the mediation process.

Summary

Petitioner Rajesh Kumar applied for pre‑arrest bail in a case alleging offences under Sections 126(2), 115(2), 110, 351, 3(5) of the BNS and Sections 3 and 4 of the Dowry Prohibition Act, stemming from a matrimonial dispute in which he is accused of demanding Rs 8 lakh from the informant’s parents and allegedly torturing her. The petitioner claimed innocence and sought bail, while the informant and the State suggested an amicable settlement. The Court directed that the parties appear before the District Court for mediation on 19‑02‑2026 and ordered interim protection for the petitioner, with bail to be granted conditionally by the District Court if mediation succeeds. If the petitioner fails to appear, the interim protection would lapse; otherwise, the trial would proceed. The application was ultimately disposed with the mediation directive and conditional bail provision.

Issues considered

  • Whether pre‑arrest bail can be granted in a criminal case arising from a matrimonial dispute involving alleged dowry demands and assault.
  • Whether the Court can condition bail on the parties’ participation in mediation before a District Court.

Legislation cited

  • BNS — s. 110, 115(2), 126(2), 3(5), 351
  • D.P. Act — s. 3, 4

Subjects

  • pre‑arrest bail
  • mediation
  • matrimonial dispute
  • Dowry Prohibition Act
  • conditional bail
  • family dispute
  • interim protection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44607 of 2025
                       Arising Out of PS. Case No.-41 Year-2025 Thana- NARHATT District- Nawada
                 ======================================================
                 Rajesh Kumar, aged about 30 years (Male), S/O Musafir Yadav, Resident of
                 Village- Taropur Tola, Kyapur, P.S- Narhat, District- Nawada.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kumari Kiran D/O Kuleshwar Prasad R/O Village- Bhelwatand, P.S-
                 Sirdalla, Distt.- Nawada.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Kumar Prasad, Advocate
                 For the Informant        :       Mr. Rajeev Kumar, Advocate
                 For the State            :       Mr. Nagendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   21-01-2026                          Heard Mr. Sheo Kumar Prasad, learned counsel

                   appearing on behalf of the petitioner; Mr. Rajeev Kumar,

                   learned counsel for the complainant and Mr. Nagendra Prasad,

                   learned APP appearing on behalf of the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Narhat P.S. Case No. 41 of 2025, registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 110, 351,

                   3(5) of the BNS and Sections 3/4 of the D.P. Act.

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

                   of the complainant was solemnized with the petitioner on as per

                   Hindu Rites and Custom. After some time of marriage,

                   petitioner and his other family members, had started demanding
Patna High Court CR. MISC. No.44607 of 2025(4) dt.21-01-2026
                                            2/4




          rupees eight lac from the parent of the informant and due to

          non-fulfillment of the same, they had subjected the informant to

          various sorts of torture and ousted her from her matrimonial

          house.

                       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 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.

                       6. Learned APP appearing on behalf of       the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       7. However, at this stage, learned counsel for the

          respective parties, on instruction, submitted that the parties have
Patna High Court CR. MISC. No.44607 of 2025(4) dt.21-01-2026
                                            3/4




          agreed to appear before the learned District Court at 10:30 A.M.

          on 19.02.2026 for resolving the dispute by way of mediation.

                       8. Heard the parties.

                       10. The parties have willingly desired to appear

          before the learned District Court on 19.02.2026, so that the

          matter can be referred to the District Mediation Centre.

                       11. Learned District Court is directed to take

          necessary steps to 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.

                       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 four 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.
              Patna High Court CR. MISC. No.44607 of 2025(4) dt.21-01-2026
                                                          4/4




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

                        appear on 19.02.2026 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

                        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)
Niraj/-

U         T


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