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Patna High Court

Narayan DasversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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.
Patna High Court CR. MISC. No.84544 of 2025(4) dt.20-04-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.84544 of 2025(4) dt.20-04-2026
                                                       3/3




                     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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