Patna High Court
Aditya Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted interim pre‑arrest bail, directing mediation and conditioning the bail on the petitioner’s participation in the process.
Summary
Aditya Kumar Dubey applied for pre‑arrest bail in a case registered under Section 498A of the IPC, alleging that the complaint by his wife Champa Kumari was false and stemmed from a matrimonial dispute. The petitioner claimed he was innocent, that the dispute was private, and sought an amicable settlement. The State opposed the bail but suggested a chance for settlement. The High Court held that a matrimonial dispute does not constitute a societal offence and that proceeding would amount to abuse of process, directing the district court to refer the matter to mediation. The court granted interim pre‑arrest bail, conditioned on the petitioner appearing before the district court on 19‑02‑2026 and participating in mediation, and disposed of the application.
Issues considered
- Whether a pre‑arrest bail should be granted in a case under Section 498A arising from a matrimonial dispute.
- Whether the proceeding constitutes an abuse of process of law.
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- pre‑arrest bail
- Section 498A
- matrimonial dispute
- mediation
- abuse of process
- family law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48338 of 2025
Arising Out of PS. Case No.-2838 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Aditya Kumar Dubey, aged about 30 Years (Male) S/o Braj Kishore Dubey
R/o Village Bakhari Mahesh, P.S.- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Champa Kumari W/o Aditya Kumar Dubey, D/o Late Digendra Mandal R/o
vill - Amolwa, P.S- Gaunaha, Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 17-01-2026 Heard Mr. Dhannjay Kumar II, learned counsel
appearing on behalf of the petitioner and Mr. Navin Kumar
Pandey, learned APP appearing on behalf of the State.
2. The petitioner seeks pre-arrest bail in connection
with Trial No. 2160 of 2025 arising out of Complaint Case No.
2838 of 2022 registered for the offence(s) punishable under
Sections 498(A) of the Indian Penal Code.
3. As per the allegation made in the FIR, the
complainant married to the petitioner in the year 2017. After
some time the petitioner had started putting pressure on the
complainant to establish sexual relationship with his other
friends to which, the complainant had refused and for the same,
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the petitioner had ousted the complainant 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 APP appearing on behalf of the State
submitted that a chance be given to the parties for amicable
settlement outside the court.
6. 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 19.02.2026.
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
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consequence in absence of any criminal content. The personal
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 19.02.2026, so that the
matter can be referred to the District Mediation Centre.
11. Learned District Court is directed to take
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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.
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.
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
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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/-
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