Patna High Court
Rahul Kumar @ Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Matrimonial disputes are private conflicts and the petitioner is entitled to interim pre‑arrest bail subject to mediation and conditions imposed by the District Court.
Summary
The petitioner, Rahul Kumar, applied for pre‑arrest bail in a case alleging dowry‑related torture under Sections 85 and 3(5) of the BNS Act and Sections 3 and 4 of the Dowry Prohibition Act. The court noted that the dispute is essentially a private matrimonial conflict rather than a societal offence. Both parties expressed willingness to resolve the matter through mediation and agreed to appear before the District Court on 16‑03‑2026. Relying on Supreme Court precedents that encourage settlement of matrimonial disputes, the High Court directed the District Court to refer the case to a mediator and granted interim protection to the petitioner, conditioning bail on the outcome of mediation. The application was disposed, with the petitioner to be released on bail subject to terms set by the District Court, and the parties instructed to withdraw any criminal complaints if an amicable settlement is reached.
Issues considered
- Whether the alleged dowry‑related offences constitute a private matrimonial dispute warranting pre‑arrest bail
- Whether pre‑arrest bail can be granted pending mediation in such cases
- Whether the provisions of the BNS Act and Dowry Prohibition Act apply to a matrimonial dispute
Legislation cited
- BNS Act — s. 3(5), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- pre‑arrest bail
- matrimonial dispute
- dowry
- mediation
- criminal law
- BNS Act
- Dowry Prohibition Act
- private dispute
- reconciliation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70243 of 2025
Arising Out of PS. Case No.-338 Year-2024 Thana- SAKURABAD District- Jehanabad
======================================================
Rahul Kumar @ Rahul Kumar Singh S/o Manoj Singh @ Manoj Kumar
Singh R/o Village- Chirudih, P.S.- Nawadih, District- Bokaro (Jharkhand)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punam Kumari W/o Rahul Kumar @ Rahul Kumar Singh, D/o Satydev
Singh R/o Village- Bhagwanpur, P.S.- Shakurabad, District- Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Ram Anurag Singh, APP.
For the O.P. No.2 : Mr. Manoj Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 24-02-2026 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 Shakurabad P.S. Case No. 338 of 2024 for the offences
punishable under Sections 85 and 3(5) of the BNS and Sections
3/4 of the D.P. Act.
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.
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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. He submitted that the matter be
referred for mediation.
5. Learned counsel appearing on behalf of the O.P.
No.2 and learned APP for the State jointly submitted that
opportunity shall 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 16.03.2026 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 B.S. Joshi v. State of Haryana,
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reported in, (2003) 4 SCC 675, in paragraph nos. 12 and 13
which is 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 parties have willingly desired to appear
before the learned District Court on or before 16.03.2026, 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
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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
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 16.03.2026 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 informant
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.
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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
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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