Patna High Court
Md. Bablu Khan @ Md. SadikversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted provisional pre‑arrest bail, holding that the matrimonial dispute does not amount to an offence against society and directing mediation under the CrPC provisions.
Summary
The petitioner, Md. Bablu Khan, applied for pre‑arrest bail in a complaint under Section 498A IPC alleging dowry‑related cruelty against his wife, Tamana Khanam. He contended that the allegations were false, he had a clean antecedent, and he was willing to treat his wife with dignity. The State and the wife opposed the bail, arguing the seriousness of the alleged offence. The High Court, relying on the principle that matrimonial disputes are private matters and not offences against society as held in Rajendra Bhagat v. State of Jharkhand, granted provisional bail subject to conditions under Sections 438(2) and 482(2) of the CrPC and directed the matter to be referred to mediation. The court also ordered the District Court to facilitate settlement through the District Mediation Centre. The bail application was consequently disposed of with bail granted.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case under Section 498A IPC.
- Whether a matrimonial dispute constitutes an offence against society warranting denial of bail.
- Whether conditions under Sections 438(2) and 482(2) CrPC are applicable.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 498A
Subjects
- pre‑arrest bail
- Section 498A
- dowry harassment
- matrimonial dispute
- mediation
- Criminal Procedure Code
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84382 of 2025
Arising Out of PS. Case No.-1395 Year-2023 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Md. Bablu Khan @ Md. Sadik Son of Late Ismail Khan Resident of Village
-Kharka Telwa PS- Nauhatta, Dist- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tamana Khanam Daughter of Late Salauddin Khan Resident of Village-
Madars Tola, Ps- Nauhatta, Dist- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Harun Quareshi, Advocate.
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP.
For O.P. No.2 : Mr. Amarnath 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 Saharsa Complaint Case No. 1395C/2023 for the offences
punishable under Section 498A of the Indian Penal Code.
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.
No.2 and the allegation levelled against him is false and
Patna High Court CR. MISC. No.84382 of 2025(4) dt.20-04-2026
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concocted. The petitioner in Paragraph No. 11 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
laid down by the Apex Court in case of Rajendra Bhagat
Patna High Court CR. MISC. No.84382 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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