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Patna High Court

Girish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted pre‑arrest bail to the petitioner, subject to mediation and conditions set by the district court.

Summary

Girish Kumar, accused under Section 498A of the IPC for alleged dowry harassment, applied for pre‑arrest bail. Both he and the complainant, Sulekha Devi, expressed willingness to settle the matrimonial dispute through mediation. The High Court, citing Supreme Court judgments that matrimonial conflicts are private matters and encouraging genuine settlement, directed the district court to refer the case to the District Mediation Centre. The court ordered that the petitioner be released on pre‑arrest bail, subject to conditions imposed by the mediator and the district court. It further stipulated that if the parties reconcile, the criminal case should be withdrawn, and if they fail to appear for mediation, the interim protection would lapse.

Issues considered

  • Whether pre‑arrest bail can be granted in a Section 498A case where the parties seek amicable settlement.
  • Whether a matrimonial dispute constitutes a private matter that warrants quashing or staying criminal proceedings.
  • Whether the court can condition bail on mediation and compliance with district court directives.

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 498A
  • dowry harassment
  • matrimonial dispute
  • mediation
  • criminal procedure
  • settlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6058 of 2026
                  Arising Out of PS. Case No.-337 Year-2024 Thana- COMPLAINT CASE - BARH District-
                                                          Patna
                 ======================================================
                 Girish Kumar S/o Ram Sarekh Ray R/o Village - Naya Tola Raghopur, P.S -
                 Bakhtiyarpur, District - Patna

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sulekha Devi, w/o Girish Kumar R/O Village- Raghopur, P.S. Bakhtiyarpur,
                 At present- D/O Kedar Rai, Village- Nadipar, Jamalpur, Barhiaya, P.S.
                 Athmalgola, Dist. Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anand Kumar, Advocate.
                 For the State            :      Mr. Sanjay Kumar Sharma, APP.
                 For O.P. No.2            :      Mr. Ashok Kumar Kashyap, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   15-04-2026                   Heard learned counsel appearing on behalf of the

                   petitioner, learned APP for the State and learned counsel for the

                   O.P. No.2.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Complaint Case No. 337(c) of 2024 for the offences

                   punishable under Section 498A of the Indian Penal Code.

                                  3. The allegation is of subjecting the O.P. No.2 to

                   various sorts of torture and cruelty for non-fulfillment of

                   demand of dowry.

                                 4.     Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is the husband of the O.P.
Patna High Court CR. MISC. No.6058 of 2026(3) dt.15-04-2026
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          No.2 and the allegation levelled against him is false and

          concocted. Learned counsel further submitted that marriage is a

          sacred ceremony but little matrimonial skirmish suddenly erupts

          into hatred and the parties can be allowed to ponder to reconcile

          their dispute outside the court.

                       5. Learned counsel appearing on behalf of the O.P.

          No.2 and learned APP for the State jointly submitted that

          opportunity may be given to the parties to reconcile their dispute

          amicably.

                       6. The petitioner’s counsel also informs that he has

          received instruction that the petitioner also wants to reconcile

          the dispute by way of mediation.

                       7. The parties have agreed to appear before the

          learned District Court at 10:30 A.M. on or before 04.05.2026 for

          resolving the dispute by way of mediation.

                       8. Heard the parties.

                       9. This Court finds that 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, as has been held by the

          Apex Court in the case of Rajendra Bhagat v. State of

          Jharkhand, reported in (2022) 18 SCC 465 in paragraph no.9
Patna High Court CR. MISC. No.6058 of 2026(3) dt.15-04-2026
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          which is 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
                                  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
Patna High Court CR. MISC. No.6058 of 2026(3) dt.15-04-2026
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                                  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.
                                  16. For the foregoing reasons, we set aside the impugned
                                  judgment and allow the appeal and quash the FIR
                                  abovementioned.””


                       10. The parties have willingly desired to appear

          before the learned District Court on or before 04.05.2026, 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 for the Nation 2.0”.

                       12. 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 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
Patna High Court CR. MISC. No.6058 of 2026(3) dt.15-04-2026
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          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court as referred hereinabove, 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 04.05.2026 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 O.P. 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. If both the parties arrive at amicable settlement,

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

          have lodged against each other.

                       18.    With aforesaid direction and observation, the

          present application stands disposed of.

                       19. Let a copy of this order be communicated to the
           Patna High Court CR. MISC. No.6058 of 2026(3) dt.15-04-2026
                                                       6/6




                     Member Secretary, Bihar State Legal Services Authority and the

                     Patna High Court Mediation Centre for the purpose of record.



                                                                 (Purnendu Singh, J)
mantreshwar/-

U      T


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