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Patna High Court

Raja BabuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted interim pre‑arrest bail to the petitioner, subject to appearance before the district court and mediation, and disposed of the application.

Summary

Raja Babu petitioned for pre‑arrest bail in a complaint filed under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, alleging that he was falsely implicated in a matrimonial dispute involving a demand for money and alleged cruelty. The petitioner claimed innocence and sought an amicable settlement, while the complainant and the State opposed the bail but also expressed willingness for mediation. The court observed that matrimonial disputes are essentially private conflicts and should not be pursued as criminal offences unless there is genuine criminal content. Relying on Supreme Court precedents (B.S. Joshi v. State of Haryana and G.V. Rao v. L.H.V. Prasad), the court emphasized the need to encourage settlement through mediation. Consequently, the court directed the district court to refer the matter to a mediator, granted interim protection (pre‑arrest bail) to the petitioner pending mediation, and disposed of the bail application.

Issues considered

  • Whether pre‑arrest bail should be granted in a matrimonial dispute alleged under Section 498A IPC and the Dowry Prohibition Act
  • Whether the dispute merits criminal prosecution or can be resolved through mediation

Legislation cited

Subjects

  • pre‑arrest bail
  • matrimonial dispute
  • Section 498A
  • Dowry Prohibition Act
  • mediation
  • criminal law
  • abuse of process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48754 of 2025
                   Arising Out of PS. Case No.-161 Year-2019 Thana- COMPLAINT CASE - SHERGHATI
                                                       District- Gaya
                 ======================================================
                 Raja Babu, Male, aged about 25 years, S/o Nageshwar Mahto, R/o Village-
                 Moniyatari Batasi, P.S.- Barachatti, District- Gaya

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Kajal Kumari D/o Ramchandra Mahto R/o Village- Soki, P.S.- Majuharan,
                 District- Chata, Sasural residence- Village- Moniyatari Batasi, P.S.-
                 Barachatti, District- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Sanjay Kumar, Advocate
                 For the O.P. No. 2     :       Mr. Jitendra Kumar Giri, Advocate
                 For the State          :       Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   17-01-2026                    Heard Mr. Sanjay Kumar, learned counsel appearing

                   on behalf of the petitioner; Mr. Jitendra Kumar Giri, learned

                   counsel for the complainant             and Mr. Parmanand Kumar,

                   learned APP appearing on behalf of the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Complaint Case No. 161 of 2019 registered for the

                   offence(s) punishable under Sections 498(A) of the Indian Penal

                   Code and Sections 3/4 of the D.P. Act.

                                 3. As per the allegations contained in the FIR, the

                   marriage of the complainant was solemnized with the petitioner

                   in the year 2017 in accordance with Hindu rites and customs. It
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          is further alleged that, after some time of the marriage, the

          petitioner, in connivance with his family members, started

          demanding a sum of ₹5,00,000/- from the parents of the

          complainant. Upon non-fulfilment of the said demand, the

          complainant was allegedly subjected to physical and mental

          cruelty and was ousted from her matrimonial home.

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

          respective parties, on instruction, submitted that the parties have

          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.

                        9. 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

          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.

                        10. 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
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                                  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.”

                       11. 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.

                       12. 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.

                       13. 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.

                       14. 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-
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                        arrest bail on such terms and conditions as the learned District

                        Court deems it fit and proper.

                                     15. 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.

                                     16. 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.

                                     17. 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.

                                     18.    With aforesaid direction and observation, the

                        present application stands disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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