Patna High Court
Santosh Chaubey @ Santosh ChaubeversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted provisional pre‑arrest bail, ordered investigation of the marriage date, and directed mediation before any further proceedings.
Summary
The petitioner, Santosh Chaubey, sought pre‑arrest bail in a criminal miscellaneous case alleging that he had tortured his wife, Priyanka Chaubey, for dowry demands. The charges were under Sections 126(2), 115(2), 85, 82(1), 352 and 3(5) of the Bihar Negotiable Statutes (BNS). The court found no prima facie evidence of cruelty and noted that the date of marriage, essential for a Section 498A charge, was not mentioned in the FIR. It directed the district court to ascertain the marriage date and, if reconciliation is possible, to refer the matter to mediation as per Rajendra Bhagat v. State of Jharkhand. The petitioner was released on provisional pre‑arrest bail subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, and the bail application was disposed of.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case of alleged dowry‑related cruelty.
- Whether a prima facie case of cruelty under Section 498A exists given the lack of marriage date in the FIR.
- Whether the matter should be referred to mediation before final disposal.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115, 126, 3, 352, 82, 85
- Criminal Procedure Code (Cr.P.C.) — s. 438
Subjects
- pre‑arrest bail
- dowry cruelty
- Section 498A
- mediation
- Criminal Miscellaneous
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65147 of 2025
Arising Out of PS. Case No.-207 Year-2024 Thana- VIJAYEPUR District- Gopalganj
======================================================
Santosh Chaubey @ Santosh Chaube Son of Kanhaiya Choube @ Kanhaiya
Choubey Resident of Village - Patkhauli, P.S. - Vijaypur, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka choubey wife of Santosh Choubey @ Santosh Chaubey Resident of
Village - Patkhauli, P.S. - Vijaypur, District - Gopalganj. At P/A- Daughter
of Dhananjay Pathak, Resident of Village- Basahouli, Po- Lakari Nabiganj,
Ps- Basantpur, Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey, Advocate.
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP.
For O.P. No.2 ; Mr. Nishant Kumar Sinha, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
6 20-04-2026 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 Vijaypur P.S. Case No. 207 of 2024 for the offences
punishable under Sections 126(2), 115(2), 85, 82(1), 352 and
3(5) of the BNS.
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. Both the parties jointly informs that the petitioner
Patna High Court CR. MISC. No.65147 of 2025(6) dt.20-04-2026
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and the O.P. No.2 are husband and wife who got married 11
years before and O.P. No. 2 could not bear a child forcing her to
face various type of cruelty.
5. This Court is of the opinion that the petitioner is
willing to keep the O.P. No.2 with full dignity and honour.
Upon careful examination of the record, this Court does not find
any material to establish a prima facie case of cruelty. Moreso
the date of marriage has neither been mentioned in the F.I.R. nor
disclosed by the parties, thereby rendering it difficult to
ascertain whether an offence under Section 498A is made out.
6. Learned District Court is directed to call for the
records and find out exact date of marriage and if there is any
possibility that the parties can reconcile, then the matter is
required to be referred for mediation before the District
Mediation Centre in light of the law laid down by the Apex
Court in case of Rajendra Bhagat v. State of Jharkhand,
reported in (2022) 18 SCC 465, to give effect to “Mediation for
the Nation 2.0”.
7. Till the mediation concludes, the petitioner, above
named, is directed to be released on pre-arrest bail
provisionally on such terms and conditions as the learned
District Court deems it fit and proper, subject to the condition as
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laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
8. The bail application stands disposed of.
9. Let a copy of this order be communicated to the
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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