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Patna High Court

Amit Kumar DubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the release of the petitioner on pre‑arrest bail, subject to mediation and compliance with conditions set by the District Court.

Summary

The petitioner, Amit Kumar Dubey, was arrested in a dowry‑related assault case filed under Sections 126(2), 115(2), 85 and 3(5) of the BNS and D.P. Acts, alleging that he brutally assaulted his wife, the daughter of Bindu Devi, and evicted her from their matrimonial home. He applied for pre‑arrest bail, claiming remorse and a willingness to reconcile, while the State and the opposite party opposed bail on the seriousness of the allegations. The Court observed that matrimonial disputes are essentially private matters and should be resolved through mediation rather than criminal prosecution, citing the Apex Court’s pronouncements in B.S. Joshi v. State of Haryana and G.V. Rao v. L.H.V. Prasad. Accordingly, the Court directed the District Court to refer the matter to the District Mediation Centre and granted the petitioner interim protection, conditioning bail on his appearance before the mediator on 11‑03‑2026 and compliance with any settlement. The Court further stipulated that the interim protection would lapse if the petitioner failed to appear, and ordered the petition to be disposed of with the bail conditions.

Issues considered

  • Whether a pre‑arrest bail should be granted in a dowry‑related assault case arising from a matrimonial dispute.
  • Whether the nature of the dispute warrants criminal prosecution or can be settled through mediation.
  • What conditions, if any, should be imposed on the grant of bail in such cases.

Legislation cited

Subjects

  • pre‑arrest bail
  • matrimonial dispute
  • dowry
  • mediation
  • criminal law
  • BNS Act
  • D.P. Act
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.70675 of 2025
                       Arising Out of PS. Case No.-29 Year-2025 Thana- MAHILA P.S. District- Siwan

                 ======================================================
                 Amit Kumar Dubey Son of Harendra Dubey Resident of Village - Santhi, P.S.
                 - Raghunathpur, Dist. - Siwan.
                                                                                    ... ... Petitioner/s


                                                        Versus
           1.    The State of Bihar
           2.    Bindu Devi W/o Brij Kishore Mishra Resident of Village - Koluha, P.S. -
                 Daraunda, Dist. - Siwan.


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Pandey, Advocate
                                                   Mr. Sandeep Kumar, Advocate
                                                   Ms. Shyama Rani, Advocate
                 For the Opposite Party/s :        Mr.Jitendra Kumar Singh, APP
                 For the informant        :        Mr. Himanshu Ranjan, Advocate
                                                   Mr. Manish Chandra Gandhi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   24-02-2026                      Heard Mr. Ajay Kumar Pandey along with Mr.

                   Sandeep Kumar and Ms. Shyama Rani,                           learned counsels

                   appearing on behalf of the petitioner; Mr. Jitendra Kumar Singh,

                   learned APP for the State, Mr. Himanshu Ranjan and Mr.

                   Manish Chandra Gandhi, learned counsel for the informant.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Siwan Mahila P.S. Case No. 29/2025 registered for the

                   offence(s) punishable under Sections 126(2),115(2),85,3(5) of
Patna High Court CR. MISC. No.70675 of 2025(3) dt.24-02-2026
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          the BNS and ¾ of D.P. Act.

                       3. As per the allegation made in the FIR, the petitioner

          who is husband of daughter of opposite party no.2 has brutally

          assaulted her and kicked her out of the matrimonial house due to

          non-fulfillment of demand of dowry.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner seeks apology for the

          misconduct which he has done with his wife (daughter of the

          informant) and once he realizes that he has committed wrong

          with his own wife, in future he will not indulge in such activity,

          torturing his own wife. 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. On these grounds, petitioner

          seeks to be released on pre-arrest bail.

                       5. Mr. Manish Chandra Gandhi, learned counsel, has

          tendered his appearance on behalf of the O.P. No.2. He

          submitted that petitioner don’t deserve to be released on pre-

          arrest bail, considering the nature of allegation made against the

          petitioner. However, in view of the specific information given

          in the open Court that the petitioner will seek apology and will

          negotiate with daughter of O.P. No.2, by way of last indulgence,
Patna High Court CR. MISC. No.70675 of 2025(3) dt.24-02-2026
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          upon instruction, he also agrees to resolve the dispute amicably,

          so that the parties may either continue to live together or they

          may settle the dispute outside the Court by way of one time

          settlement.

                        6. Learned APP appearing on behalf of       the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                        7. Learned counsel for the respective parties, on

          instruction, submitted that the petitioner and O.P. No.2 along

          with her daughter have agreed to appear before the learned

          District Court on 11.03.2026 at 10:30 a.m.

                        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.
Patna High Court CR. MISC. No.70675 of 2025(3) dt.24-02-2026
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          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.”

                       11. The petitioner and O.P. No.2 along with her

          daughter willingly desired to appear before the learned District

          Court on 11.03.2026, 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 to give effect to “Mediation 2.0”.

                       13. Learned Mediator of the District Mediation Center

          concerned upon appearance of the parties on the fixed date shall
Patna High Court CR. MISC. No.70675 of 2025(3) dt.24-02-2026
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          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 appellant 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-

          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 11.03.2026 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.

                       16. In case, it is deliberate on the part of the opposite

          party no.2 along with her daughter 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.
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                                  18.    With aforesaid direction and observation, the

                     present petition stands disposed of.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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