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Patna High Court

Anuj Kumar ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the matrimonial dispute is a private matter not constituting an offence against society and granted conditional pre‑arrest bail, directing mediation.

Summary

Anuj Kumar Chauhan applied for pre‑arrest bail in a case arising from a matrimonial dispute in which his wife alleged physical and mental torture and theft of jewellery. The FIR listed offences under Sections 126(2), 115(2), 85, 351(2), 352, 3(5) of the BNS and Sections 3 and 4 of the D.P. Act. The court observed that such disputes are private matters and not offences against society, and that proceeding would amount to an abuse of process. Citing B.S. Joshi v. State of Haryana, the court emphasized the need to encourage settlement through mediation. The petitioner agreed to appear before the District Court for mediation, and the High Court directed the District Court to issue notices and refer the matter to the Mediation Centre, granting conditional pre‑arrest bail pending successful mediation. The application was disposed with directions for mediation and conditional bail.

Issues considered

  • Whether a matrimonial dispute can be treated as a criminal offence warranting pre‑arrest bail denial
  • Whether the continuation of criminal proceedings in a private matrimonial conflict amounts to abuse of process
  • Whether the petitioner is entitled to conditional pre‑arrest bail pending mediation

Legislation cited

  • BNS — s. 115(2), 126(2), 3(5), 351(2), 352, 85
  • D.P. Act — s. 3, 4

Subjects

  • pre‑arrest bail
  • matrimonial dispute
  • mediation
  • abuse of process
  • family law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87521 of 2025
                         Arising Out of PS. Case No.-78 Year-2024 Thana- AGRER District- Rohtas
                 ======================================================
                 Anuj Kumar Chauhan, Male, Aged about 33 years, Son of Ram Prakash Ray
                 @ Ram Pravesh Ray, resident of Village - Gotapa, P.S. - Agrer, Distt. -
                 Rohtas.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Nidhi Singh Wife of Anuj Kumar Chauhan R/o Village - Madan Semaria,
                 P.S. - Kochas, Distt. - Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vikram Singh, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   28-01-2026                                Heard Mr. Vikram Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Anil Kumar Singh

                   No. 1, learned APP appearing on behalf of the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Agrer P.S. Case No. 78 of 2024 registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 85, 351(2),

                   352, 3(5) of the BNS and Sections 3/4 of the D.P. Act.

                                3. As per the allegation made in the FIR, the marriage

                   of the informant/O.P. No. 2 was solemnized to the petitioner on

                   03.06.2023. After few days of marriage, the informant (O.P. No.

                   2) came to know that her husband is having illicit relationship

                   with another woman and when she had protested the same, the
Patna High Court CR. MISC. No.87521 of 2025(2) dt.28-01-2026
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          petitioner and his other family members had started torturing the

          informant physically and mentally and had also taken her

          jewellery and other ornaments. A Panchayati took place on

          01.07.2024, in which, the petitioners' side had assaulted the

          brother of the informant.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that considering the nature of allegation

          alleged against the petitioner, who is husband of the O.P. No. 2,

          an attempt was made to settle their matrimonial dispute outside

          the Court by way of mediation, however, the mediation was

          failed because the O.P. No. 2 didn't attend the proceeding of

          mediation leading to filing of the present application for grant of

          pre-arrest bail after refusal by the learned District Court.

          Learned counsel further submitted that marriage is a sacred

          ceremony but little matrimonial skirmish suddenly erupts into

          hatred and the parties ponder to reconcile their dispute outside

          the court.

                       5. Learned APP appearing on behalf of        the State

          submitted that one more chance be given to the parties for

          amicable settlement outside the court.

                       6. However, at this stage, the petitioner’s counsel, on

          instruction, submitted that the petitioner has agreed to appear
Patna High Court CR. MISC. No.87521 of 2025(2) dt.28-01-2026
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          before the learned District Court at 10:30 A.M. on 17.02.2026

          for resolving the dispute by way of mediation.

                        7. Heard the parties.

                        8. 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. However, a false case can have a disastrous

          consequence in absence of any criminal content. The personal

          dispute cannot call for a criminal offence. In such situation,

          continuation of the proceeding would amount to abuse of

          process of law leading to vexatious proceeding against                        the

          petitioner.

                        9. In this regard, the Apex Court in the case of B.S.

          Joshi v. State of Haryana, reported in, (2003) 4 SCC 675, in

          paragraph nos. 12 and 13 has held as under:-

                                  “12. The special features in such matrimonial matters
                                  are evident. It becomes the duty of the court to encourage
                                  genuine settlements of matrimonial disputes.
                                  13. The observations made by this Court, though in a
                                  slightly different context, in G.V. Rao v. L.H.V. Prasad
                                  [(2000) 3 SCC 693 : 2000 SCC (Cri) 733] are very apt
                                  for determining the approach required to be kept in view
                                  in a matrimonial dispute by the courts. It was said that
                                  there has been an outburst of matrimonial disputes in
                                  recent times. Marriage is a sacred ceremony, the main
                                  purpose of which is to enable the young couple to settle
                                  down in life and live peacefully. But little matrimonial
                                  skirmishes suddenly erupt which often assume serious
                                  proportions resulting in commission of heinous crimes in
                                  which elders of the family are also involved with the
                                  result that those who could have counselled and brought
                                  about rapprochement are rendered helpless on their
                                  being arrayed as accused in the criminal case. There are
                                  many other reasons which need not be mentioned here
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                                  for not encouraging matrimonial litigation so that the
                                  parties may ponder over their defaults and terminate
                                  their disputes amicably by mutual agreement instead of
                                  fighting it out in a court of law where it takes years and
                                  years to conclude and in that process the parties lose
                                  their “young” days in chasing their “cases” in different
                                  courts.”

                       10. The petitioner has willingly desired to appear

          before the learned District Court on 17.02.2026, so that the

          matter can be referred to the District Mediation Centre.

                       11. Learned District Court is directed to 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 Center by fixing a date for

          appearance of the parties so as to give effect to Mediation 2.0.

                       12. Learned Mediator of the District Mediation Center

          concerned upon appearance of the parties on the fixed date shall

          make his/her best efforts to settle the dispute amicably and

          thereafter submit his/her report before the concerned learned

          District Court, well within a period of three months, till then, no

          coercive action shall be taken against the petitioner in

          connection with the aforesaid case.

                       13. In case, the parties resolve their dispute amicably

          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court, the petitioner is required to be released on pre-

          arrest bail on such terms and conditions as the learned District
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                        Court deems it fit and proper.

                                     14. In case of failure on the part of the petitioner to

                        appear on 17.02.2026 before the learned District Court or any

                        date fixed by the learned Mediator, the interim protection

                        granted to the petitioner shall automatically lose its force.

                                     15. In case, it is deliberate on the part of the opposite

                        party no.2 to reconcile, then in that case, the interim protection

                        granted to the petitioner shall continue and the trial shall

                        proceed in accordance with law.

                                     16. In case, the parties fail to reconcile, then in that

                        case, parties may avail appropriate remedy. Then also, petitioner

                        is directed to be released on pre-arrest bail on such terms and

                        conditions as the learned District Court deems it fit and proper.

                                     17.    With aforesaid direction and observation, the

                        present application stands disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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