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Patna High Court

Gaurav KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the matrimonial dispute is a private matter and, pending genuine mediation, the petitioner is entitled to interim pre‑arrest bail.

Summary

Gaurav Kumar petitioned for pre‑arrest bail in a complaint alleging offences under IPC sections 323, 498A and 403/34 for alleged dowry‑related torture. He claimed the allegations were false, that he is the husband of the complainant, and sought reconciliation through mediation. The State and the complainant also expressed willingness for amicable settlement. The High Court observed that a matrimonial dispute is a private conflict, not a societal offence, citing Supreme Court precedents, and directed the parties to appear before the District Court for mediation. It ordered that the petitioner be granted interim protection and that pre‑arrest bail be decided by the District Court on suitable terms, with the interim protection lapsing if the petitioner fails to appear. The application for bail was consequently disposed.

Issues considered

  • Whether pre‑arrest bail can be granted in a dowry‑harassment case pending mediation
  • Whether a matrimonial dispute constitutes a private matter exempt from immediate criminal prosecution
  • Whether the court may direct mediation and condition bail on the outcome of such mediation

Legislation cited

Subjects

  • pre‑arrest bail
  • dowry harassment
  • Section 498A
  • matrimonial dispute
  • mediation
  • Criminal Procedure Code
  • Section 482
  • private dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89143 of 2025
                 Arising Out of PS. Case No.-216 Year-2024 Thana- COMPLAINT CASE-ARWAL District-
                                                         Arwal
                 ======================================================
                 Gaurav Kumar S/o Sanjay Sharma R/o- Mitra Manda Colony, Kaliket Nagar,
                 P.S.- Phulwari Sharif (Janipur), District- Patna, Bihar

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Madhu Kumari W/o not given Permanent resident of Nadwan, P.S.-
                 Nadwan, District- Patna, presently residing at Magadh Colony, Maya Sadan,
                 P.S.- Beur, District- Patna, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Saket Anand, Advocate.
                 For the Opposite Party/s :      Mr.Parmanand Prasad, APP.
                 For O.P. No.2            :      Mr. Mukesh Kumar Singh, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                                 ORAL ORDER


4   09-04-2026                        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 Complaint Case No. 216/2024 for the offences punishable

                   under Sections 323, 498A and 403/34 of the Indian Penal Code.

                                  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
Patna High Court CR. MISC. No.89143 of 2025(4) dt.09-04-2026
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          petitioner submitted that the petitioner is the husband of the O.P.

          No.2 and the allegation levelled against him is false and

          concocted. Learned counsel further submitted that marriage is a

          sacred ceremony but little matrimonial skirmish suddenly erupts

          into hatred and the parties can be allowed to ponder to reconcile

          their dispute outside the court.

                       5. Learned counsel appearing on behalf of the O.P.

          No.2 and learned APP for the State jointly submitted that

          opportunity may be given to the parties to reconcile their dispute

          amicably.

                       6. The petitioner’s counsel also informs that he has

          received instruction that the petitioner also wants to reconcile

          the dispute by way of mediation.

                       7. The parties have agreed to appear before the

          learned District Court at 10:30 A.M. on or before 27.04.2026 for

          resolving the dispute by way of mediation.

                       8. Heard the parties.

                       9. 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
Patna High Court CR. MISC. No.89143 of 2025(4) dt.09-04-2026
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          Jharkhand, reported in (2022) 18 SCC 465 in paragraph no.9

          which is as under:-

                                                     “9. Taking note of the object of
                                         Section 498-AIPC, the expected approach of
                                         the High Court in the event of bona fide
                                         settlement of disputes had been duly
                                         exposited by this Court in B.S. Joshi v. State
                                         of Haryana [B.S. Joshi v. State of Haryana,
                                         (2003) 4 SCC 675 : 2003 SCC (Cri) 848] ,
                                         wherein this Court has underscored the duty
                                         of the Court to encourage the genuine
                                         settlement of matrimonial disputes and said
                                         as under : (SCC pp. 682-83, paras 12-16)
                                  “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 [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.
                                  14. There is no doubt that the object of introducing
                                  Chapter XX-A containing Section 498-A in the
                                  Penal Code, 1860 was to prevent torture to a
                                  woman by her husband or by relatives of her
                                  husband. Section 498-A was added with a view to
Patna High Court CR. MISC. No.89143 of 2025(4) dt.09-04-2026
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                                  punishing a husband and his relatives who harass or
                                  torture the wife to coerce her or her relatives to
                                  satisfy unlawful demands of dowry. The
                                  hypertechnical view would be counterproductive
                                  and would act against interests of women and
                                  against the object for which this provision was
                                  added. There is every likelihood that non-exercise of
                                  inherent power to quash the proceedings to meet the
                                  ends of justice would prevent women from settling
                                  earlier. That is not the object of Chapter XX-A of the
                                  Penal Code, 1860.
                                  15. In view of the above discussion, we hold that the
                                  High Court in exercise of its inherent powers can
                                  quash criminal proceedings or FIR or complaint
                                  and Section 320 of the Code does not limit or affect
                                  the powers under Section 482 of the Code.
                                  16. For the foregoing reasons, we set aside the impugned
                                  judgment and allow the appeal and quash the FIR
                                  abovementioned.””


                       10. The parties have willingly desired to appear

          before the learned District Court on or before 27.04.2026, so

          that the matter can be referred to the District Mediation Centre.

                       11. Learned District Court is directed to take

          necessary steps to 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 for the Nation 2.0”.

                       12. Learned Mediator of the District Mediation Center

          concerned, upon appearance of the parties, 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
Patna High Court CR. MISC. No.89143 of 2025(4) dt.09-04-2026
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          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 as referred hereinabove, 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 27.04.2026 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 O.P. 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. If both the parties arrive at amicable settlement,

          then they must withdraw the criminal cases, if any, which they

          have lodged against each other.

                       18.    With aforesaid direction and observation, the
           Patna High Court CR. MISC. No.89143 of 2025(4) dt.09-04-2026
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                     present application stands disposed of.

                                  19. 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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