Patna High Court
Kusum DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the matrimonial dispute is not a criminal offence and granted pre‑arrest bail subject to mediation.
Summary
Kusum Devi, the petitioner, applied for pre‑arrest bail in a case where the informant alleged that her husband assaulted her. The petitioner, who is the informant’s Gotani, claims she has been falsely implicated and that the matter is a private matrimonial dispute, not a criminal offence. The State argued for an amicable settlement, and the court noted that matrimonial conflicts are private and should not be treated as offences against society. Relying on Supreme Court precedents encouraging mediation in family matters, the court directed the District Court to issue notices and refer the parties to the District Mediation Centre. The court granted interim pre‑arrest bail conditioned on the petitioner’s appearance before the District Court on 17‑02‑2026 and participation in mediation, with the bail to lapse if she fails to comply.
Issues considered
- The matrimonial dispute constitutes a criminal offence warranting denial of pre‑arrest bail.
- Whether pre‑arrest bail can be granted conditionally pending mediation in a matrimonial dispute.
- Whether the court should direct the parties to mediation before proceeding with criminal proceedings.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 324(4), 351, 352, 85
Subjects
- pre‑arrest bail
- matrimonial dispute
- mediation
- false criminal case
- abuse of process
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87743 of 2025
Arising Out of PS. Case No.-683 Year-2024 Thana- FATUA District- Patna
======================================================
Kusum Devi wife of Kamlesh Kumar Resident of Village-Dumari, P.S.-
Fatuha, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sushil Kumar Jha, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks pre-arrest bail in connection
with Fatuha P.S.Case No.683 of 2024, registered for the
offence(s) punishable under Sections 126(2), 115(2), 109,
324(4), 85, 352 and 351 of BNS being PTN 9230/24, GR
1748/24.
3. As per the allegation made in the FIR, the marriage
of the informant was solemnized with one Bipin Kumar in the
Year, 2024 in accordance with Hindu rites and rituals but on the
instigation of her Gotani, her husband assaulted her in drunken
condition and throttled her to kill. Petitioner is own Gotani of
the informant.
4. Learned counsel appearing on behalf of the
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petitioner submitted that petitioner is innocent and she has
falsely been implicated in the present case. Learned counsel
further submitted that the petitioner is own Gotani of the
informant living in the same family, as such, quarrel between
them is natural.
5. Learned APP appearing on behalf of the State
submitted that a chance can be given to the parties for amicable
settlement of the dispute outside the court.
6. At this stage, the learned counsel appearing on
behalf of the informant upon instruction informs that to buy
peace of mind, the informant wants to settle the dispute outside
the court and the petitioner has also shown her desire to appear
before the learned District Court on 17.02.2026 at 10.30 A.M.
so that the matter can be referred for mediation before the
learned Mediator of the District Meditation Centre to resolve
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
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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 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
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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 to give effect to mediation 2.O.
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 four 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
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
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granted to the petitioner shall automatically lose its force.
15. In case, it is deliberate on the part of the
informant 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)
chn/-
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