Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
A matrimonial dispute is a private conflict not constituting an offence against society, permitting the grant of pre‑arrest bail subject to conditions.
Summary
Shivam Kumar was arrested in a dowry‑related case alleging torture of his wife Nisha Kumari under several sections of the Bihar Negotiable Statutes (BNS). He applied for pre‑arrest bail, claiming the allegations were false, he was ready to keep his wife, and he had a clean record. The State and the wife opposed the bail. The Patna High Court held that a matrimonial dispute is a private matter, not an offence against society, citing Rajendra Bhagat v. State of Jharkhand. Accordingly, the court directed the district court to grant provisional pre‑arrest bail under Section 438(2) Cr.P.C. and Section 482(2) BNS, and to refer the parties to mediation. The bail application was disposed of with the order to pursue settlement through the District Mediation Centre.
Issues considered
- Whether a matrimonial dispute constitutes an offence against society for the purpose of denying pre‑arrest bail
- Whether pre‑arrest bail can be granted under Section 438 Cr.P.C. and Section 482 BNS in the present dowry‑harassment case
- Whether the parties should be directed to mediation before further criminal proceedings
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 3(5), 352, 85
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- matrimonial dispute
- dowry harassment
- mediation
- Section 438 CrPC
- BNS offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83977 of 2025
Arising Out of PS. Case No.-203 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Shivam Kumar Son of Rajesh Prasad Resident of Shastri Nagar, Ward No.-
36, P.S. Sadar, District - Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nisha Kumari Daughter of Manoj Kumar Sah Resident of Haripur, Ward
No.- 2, Forbesganj, District - Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bidhu Ranjan, Advocate.
For the Opposite Party/s : Mr.Madhura Nand Jha, APP.
For O.P. No.2 : Mr. Gopal Kumar Jha, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 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 Forbesganj P.S. Case No. 203 of 2025 for the offences
punishable under Sections 126(2), 115(2), 85, 352 and 3(5) of
the BNS.
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.83977 of 2025(4) 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. 11 of the bail
application has specifically stated that he is ready to keep his
wife. 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
laid down by the Apex Court in case of Rajendra Bhagat
Patna High Court CR. MISC. No.83977 of 2025(4) dt.20-04-2026
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(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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