Patna High Court
Shani Kumar Srivastava @ Sani Kr SirivastavaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed that the petitioner be granted interim protection and conditional pre‑arrest bail, with the matter referred to mediation before any coercive action is taken.
Summary
The petitioner, Shani Kumar Srivastava, was charged under Section 85 of the Bihar Negotiable Statutes (corresponding to Section 498A IPC) for alleged dowry harassment, assault, and a second marriage. He applied for pre‑arrest bail, denying the allegations. Both parties expressed a desire to resolve the matter through mediation and agreed to appear before the District Court on 17‑02‑2026. The High Court held that matrimonial disputes are essentially private conflicts and should be settled amicably, directing the District Court to refer the case to a mediator and granting interim protection to the petitioner. The Court ordered that no coercive action be taken against the petitioner pending mediation and that pre‑arrest bail be released on terms the District Court deems fit, disposing of the bail application.
Issues considered
- Whether the allegations under Section 498A IPC constitute a criminal offence warranting denial of pre‑arrest bail.
- Whether a matrimonial dispute should be treated as a private matter and referred to mediation instead of criminal prosecution.
- Whether interim protection and conditional pre‑arrest bail can be granted pending mediation.
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- pre‑arrest bail
- matrimonial dispute
- dowry harassment
- Section 498A
- mediation
- abuse of process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87814 of 2025
Arising Out of PS. Case No.-504 Year-2024 Thana- COMPLAINT CASE - RAXAUL AT
MOTIHARI District- East Champaran
======================================================
Shani Kumar Srivastava @ Sani Kr Sirivastava Son of Mukesh Prasad
Srivastava @ Mukesh Kumar Srivastava Resident of Village- Bahadurpur,
P.O.- Gamharia Kala, P.S.- Darpa, Distt.- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari W/o Shani Kumar Shrivastva Present Address- Village-
Gurwalia, Ward No. 14, P.O. Gurwalia, P.S.- Manuapul, Distt.- Bettiah, West
Champaran. Permanent address- Jagnathpur, Gaunpalka, ward-4, P.S.-
Bhairba, Dist.-Parsa, Nepal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate
Mr.Shamir Mehra, Advocate
For the OP No.2 : Mr.Suraj Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Anil Kumar along with Mr. Shamir Mehra,
learned counsels appearing on behalf of the petitioner; Mr. Suraj
Kumar Tiwary, learned counsel for OP No.2 and Mr. Dilip
Kumar No.1, learned APP appearing on behalf of the State.
2. The petitioner seeks pre-arrest bail in connection
with Complaint Case No.504 of 2024, registered for the
offence(s) punishable under Sections 85 of BNS (Section 498A
of IPC).
3. As per the allegation made in the complaint
petition, the marriage of the complainant was solemnized with
the petitioner on 02.05.2023 in accordance with Hindu rites and
Patna High Court CR. MISC. No.87814 of 2025(2) dt.28-01-2026
2/5
rituals. She further alleged that after some time, the co-accused
persons including the petitioner started demanding Rs.2 lac as
dowry for business and due to non-fulfilment of the same, they
started torturing her and in the month of December, 2023, they
assaulted and ousted her from the house. She further alleged that
the petitioner has performed second marriage with another
woman.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. The petitioner in paragraph
no.8 of the bail application, has specifically denied the
allegation of second marriage.
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, learned counsels for both the parties
have jointly informed that their respective clients have given
instruction that they want to resolve their strained relationship
outside the court and they have shown their 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
Patna High Court CR. MISC. No.87814 of 2025(2) dt.28-01-2026
3/5
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
Patna High Court CR. MISC. No.87814 of 2025(2) dt.28-01-2026
4/5
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
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
Patna High Court CR. MISC. No.87814 of 2025(2) dt.28-01-2026
5/5
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
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/-
U T
Checking your session…