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Patna High Court

Ranjit Kumar @ Ranjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.82448 of 2025(4) dt.07-04-2026
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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
              Patna High Court CR. MISC. No.82448 of 2025(4) dt.07-04-2026
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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/-

U         T


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