Patna High Court
Narayan DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the matrimonial dispute is a private matter, not an offence against society, and therefore granted provisional pre‑arrest bail while directing mediation.
Summary
The petitioner, Narayan Das, sought pre‑arrest bail in a case alleging he tortured his wife, Kiran Das, for dowry demands, invoking sections 126(2), 115(2), 85, 352, 351(3) and 3(5) of the BNS. The petitioner claimed the allegations were false and that he was willing to treat his wife with dignity. The State and the wife opposed the bail. The High Court granted provisional pre‑arrest bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and directed the district court to refer the matter to mediation, noting that a matrimonial dispute is a private conflict, not an offence against society, following Rajendra Bhagat v. State of Jharkhand. The bail application was disposed of, and the order was to be communicated to the State Legal Services Authority and the Mediation Centre.
Issues considered
- Whether pre‑arrest bail can be granted in offences arising from alleged dowry‑related cruelty under the BNS.
- Whether a matrimonial dispute constitutes an offence against society for the purpose of bail considerations.
- Whether the matter should be referred to mediation under the ‘Mediation for the Nation 2.0’ scheme.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- dowry
- pre‑arrest bail
- matrimonial dispute
- mediation
- Cr.P.C. 438
- BNSS 482
- Rajendra Bhagat case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84544 of 2025
Arising Out of PS. Case No.-295 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Narayan Das S/o Late Prafullo Prasad Das R/o - Baniya tola, P.S- Katihar
Town, Distt- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kiran Das W/o Narayan Das R/O - Baniya tola, P.S- Katihar Town, Distt-
Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate.
For the Opposite Party/s: Mr.Dilip Kumar No. 1, APP.
For O.P. No.2 : Mr. Anshuman Jaipuriyar, 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 Katihar Nagar P.S. Case No. 295 of 2025 for the offences
punishable under Sections 126 (2), 115 (2), 85, 352, 351(3) 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.
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No.2 and the allegation levelled against him is false and
concocted. Learned counsel submits that the petitioner is ready
to keep his wife with full dignity and honour.
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
(supra) and take necessary steps to issue notices to the
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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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