Patna High Court
Pankaj Singh @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
A matrimonial dispute is a private conflict and does not constitute an offence against society; therefore, the petitioner is entitled to provisional pre‑arrest bail subject to conditions.
Summary
Petitioner Pankaj Singh sought pre‑arrest bail in a complaint alleging dowry‑related cruelty under Sections 115, 352(2) and 85 of the Bihar Negotiable Statutes (BNS) and Sections 3 and 4 of the Dowry Prohibition Act. The State and the wife, Nilam Kumari, opposed bail, contending the allegations were serious. The Court, applying Section 438(2) of the CrPC and Section 482(2) of the BNS, granted provisional bail subject to conditions imposed by the District Court. It held that a matrimonial dispute is a private matter and not an offence against society, citing Rajendra Bhagat v. State of Jharkhand. The Court directed the District Court to facilitate mediation under the “Mediation for the Nation 2.0” scheme and disposed of the bail application.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) CrPC and Section 482(2) BNS in a dowry‑harassment case.
- Whether a matrimonial dispute constitutes an offence against society for the purpose of bail considerations.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115, 352(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- pre‑arrest bail
- dowry harassment
- matrimonial dispute
- mediation
- CrPC 438
- BNS 482
- Section 115 BNS
- Section 352(2) BNS
- Section 85 BNS
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83478 of 2025
Arising Out of PS. Case No.-87 Year-2025 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Pankaj Singh @ Pankaj Kumar S/O Sri Subodh Singh R/O Village- Afzalpur,
Ward No. 22, P.S- Sherghati, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Nilam Kumari W/O Pankaj Singh @ Pankaj Kumar, D/O Jairam Singh R/O
Village- Dadhma, P.S- Belaganj, Distt.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Singh, Advocate.
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP.
For O.P. No.2 : Mr. Arun Kumar Tiwary, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 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 Complaint Case No. 87 of 2025 for the offences punishable
under Sections 115, 352(2) and 85 of the BNS and Sections 3/4
of the Dowry Prohibition 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.
Patna High Court CR. MISC. No.83478 of 2025(3) dt.20-04-2026
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No.2 and the allegation levelled against him is false and
concocted. The petitioner in Paragraph No. 10 of the bail
application has specifically stated that he is ready to keep his
wife with full dignity and honour. The petitioner has clean
antecedent.
5. Learned counsel appearing on behalf of the O.P.
No.2 and learned APP for the State jointly opposed the prayer
for bail to the petitioner.
6. Considering the nature of allegation against the
petitioner, 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 laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
7. 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 Rajendra Bhagat v. State of
Jharkhand, reported in (2022) 18 SCC 465. Learned District
Court is directed to examine the matter for settlement of the
dispute outside the court by way of mediation in light of the law
Patna High Court CR. MISC. No.83478 of 2025(3) dt.20-04-2026
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laid down by the Apex Court in case of Rajendra Bhagat
(supra) and take necessary steps to issue notices to the
respective parties and upon their appearance refer the matter
before the learned Mediator of the District Mediation Centre by
fixing a date for appearance of the parties to give effect to
“Mediation for the Nation 2.0”.
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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