Patna High Court
Gopal Kumar @ Gopal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
A matrimonial dispute is a private conflict, not an offence against society, and therefore the petitioner is entitled to provisional pre‑arrest bail.
Summary
The petitioner, Gopal Kumar, was implicated in a dowry‑related complaint (Case No. 1230C of 2024) alleging cruelty and assault under several sections of the Bihar Negotiable Statutes (BNS). He applied for pre‑arrest bail, asserting innocence, a clean antecedent and willingness to treat his wife with dignity. The State opposed the bail, contending the seriousness of the allegations. The Court granted provisional pre‑arrest bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS, directing the District Court to consider mediation, noting that a matrimonial dispute is a private matter and not an offence against society as held in Rajendra Bhagat v. State of Jharkhand. The bail application was consequently disposed of, with instructions for mediation and communication to legal services authorities.
Issues considered
- Whether a matrimonial dispute involving dowry cruelty constitutes an offence against society for the purpose of denying bail.
- Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) Cr.P.C. and Section 482(2) BNS.
- Whether mediation is appropriate for resolving the dispute under the guidelines of Rajendra Bhagat v. State of Jharkhand.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 127(1), 3(5), 85
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- dowry cruelty
- matrimonial dispute
- mediation
- Section 438 CrPC
- Section 482 CrPC
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85122 of 2025
Arising Out of PS. Case No.-1230 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Gopal Kumar @ Gopal Sah S/o Om Prakash Sah R/o Village - Sankh, Ward
No. 11, P.S - Muffasil, District - Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Phool Kumari W/o Gopal Kumar @ Gopal Sah R/o Village - Sankh, Ward
No. 11, P.S - Muffasil, District - Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
For the O.P. No.2 : Mr. Randhir Kumar No.1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 20-04-2026 Heard Mr. Manoj Kumar, learned counsel appearing
on behalf of the petitioner; Mr. Ajay Kumar No. 2, learned APP
appearing on behalf of the State and Mr. Randhir Kumar No.1,
learned counsel appearing on behalf of O.P. No.2
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 1230C of 2024 registered under
Section 115(2),127(1),109,85,3(5) of the BNS.
3. As per the allegation made in the FIR, the
complainant was allegedly subjected to cruelty and assault due
to non-fulfillment of demand of dowry.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
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falsely been implicated in the present case. The allegations are
general and omnibus in nature. The petitioner in Paragraph No.
14 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. On these grounds, the petitioner seeks to be
released on pre-arrest bail.
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
Patna High Court CR. MISC. No.85122 of 2025(5) dt.20-04-2026
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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
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)
Ashishsingh/-
U T
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