Patna High Court
Ranjit Kumar @ Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted provisional bail to the petitioner, subject to a bond, sureties and successful mediation, and ordered custody if settlement is not achieved.
Summary
The petitioner, Ranjit Kumar, applied for pre‑arrest bail in a complaint (No. 2266 of 2023) alleging offences under IPC sections 498A, 406, 504/34 and Dowry Prohibition Act sections 3 and 4. He is married to the complainant, Chinki Kumari, but allegedly contracted a second marriage without obtaining a divorce, which the court considered a form of cruelty. While mediation was attempted, it failed, prompting the court to examine whether the matrimonial dispute and alleged cruelty warranted denial of bail. Relying on the principle of evaluating cruelty on the facts and on precedent (Samar Ghosh v. Jaya Ghosh), the court directed the matter to be referred again for settlement under the Mediation Act, 2023 and granted provisional bail subject to a bond and sureties. The bail remains provisional and will become absolute if an amicable settlement is reached; otherwise, the petitioner may be taken into custody. The application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted in a matrimonial dispute involving offences under IPC 498A, 406, 504 and the Dowry Prohibition Act.
- Whether the petitioner’s alleged second marriage without divorce constitutes cruelty that justifies denial of bail.
- Whether the court can condition bail on successful mediation under the Mediation Act, 2023.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 406, 498A, 504
- Mediation Act, 2023
Subjects
- pre‑arrest bail
- matrimonial dispute
- cruelty
- dowry prohibition
- mediation
- IPC 498A
- Section 406
- Section 504
- second marriage
- settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82448 of 2025
Arising Out of PS. Case No.-2266 Year-2023 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Ranjit Kumar @ Ranjeet Kumar S/o Rajeshwar Prasad Rai R/o Village -
Dhawauli, P.S - Bidupur, District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chinki Kumari W/o Ranjit Kumar D/o Mahendra Rai, R/o Village -
Dhawauli, P.S - Bidupur, District - Vaishali Present Address (Naihar) - R/o
Village - Bakarpur Saramastpur, P.S - Rajapakar, District - Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate
For the Opposite Party/s : Mrs. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 07-04-2026 Heard Mr. Vasant Vikas, learned counsel appearing
on behalf of the petitioner and Mrs. Asha Devi, learned APP for
the State.
2. The petitioner seeks pre-arrest bail in connection
with Complaint Case No. 2266 of 2023, registered for the
offence punishable under Sections 498(A), 406, 504/34 of the
Indian Penal Code and Sections 3/4 of the Dowry Prohibition
Act.
3. Petitioner and the O.P. No. 2 are husband and wife.
As per the desire of the parties, vide order dated 11.02.2026, the
matter was referred for settlement outside the Court. Today, it
has been informed by the parties that mediation has filed. The
Patna High Court CR. MISC. No.82448 of 2025(4) dt.07-04-2026
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petitioner seeks to be released on pre-arrest bail.
4. Learned counsel appearing on behalf of the
informant submitted that petitioner has performed marriage with
another woman before getting divorce from the complainant,
which is again a cruelty against her.
5. Having heard the rival submissions made on behalf
of the parties, as well as, information that efforts at mediation
have failed, it is observed that although a matrimonial dispute is
primarily a matter between the parties, the conduct of the
petitioner cannot be overlooked. The petitioner, despite having a
legally wedded wife (the complainant), without obtaining a
divorce from the complainant, has contracted a second marriage
with another woman. Such conduct is not only contrary to law
but has also subjected the complainant to further cruelty. Law in
this regard is well settled in the case of Samar Ghosh vs Jaya
Ghosh reported in (2007) 4 SCC 511 in paragraph nos. 90, 99
and 100 which is as under:
“90. We have examined and
referred to the cases from the various
countries. We find strong basic similarity in
adjudication of cases relating to mental
cruelty in matrimonial matters. Now, we
deem it appropriate to deal with the 71st
Report of the Law Commission of India on
“Irretrievable Breakdown of Marriage”.
99. Human mind is extremely
complex and human behaviour is equally
complicated. Similarly human ingenuity has
no bound, therefore, to assimilate the entire
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human behaviour in one definition is almost
impossible. What is cruelty in one case may
not amount to cruelty in other case. The
concept of cruelty differs from person to
person depending upon his upbringing, level
of sensitivity, educational, family and
cultural background, financial position,
social status, customs, traditions, religious
beliefs, human values and their value system.
100. Apart from this, the concept
of mental cruelty cannot remain static; it is
bound to change with the passage of time,
impact of modern culture through print and
electronic media and value system, etc. etc.
What may be mental cruelty now may not
remain a mental cruelty after a passage of
time or vice versa. There can never be any
straitjacket formula or fixed parameters for
determining mental cruelty in matrimonial
matters. The prudent and appropriate way to
adjudicate the case would be to evaluate it
on its peculiar facts and circumstances while
taking aforementioned factors in
consideration.”
6. Learned District Court is directed to refer the
matter again for settlement before the learned Mediator, who
will proceed in accordance with Mediation Act, 2023, as still the
complainant is ready for one time settlement.
7. In the meantime, the petitioner, above named, is
directed to be released on provisional bail, in the event of
his/her arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned District
Court where the case is pending, in connection with Complaint
Case No. 2266 of 2023, subject to the condition as laid down
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under Section 482(2) of the BNSS.
8. If the petitioner fails to arrive at any settlement, he
is directed to be taken into custody considering the fact that till
date, no divorce case has been filed between the parties. In case,
the parties arrive at amicable settlement, the provisional bail
granted to the petitioner shall be made absolute.
9. Accordingly, the present application stands
disposed of.
10. 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)
Niraj/-
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