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Patna High Court

Kabindra RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted interim pre‑arrest bail and ordered the matter to be referred to mediation, disposing the bail application.

Summary

Kabindra Ram applied for pre‑arrest bail in a case arising from a matrimonial dispute where he was alleged to have demanded money and a motorcycle, invoking Sections 85, 3(5) of the BNS Act and Sections 3 and 4 of the D.P. Act. The petitioner claimed innocence, stating the matter was a private family conflict and not a societal offence. The State argued for an opportunity for amicable settlement. The Court, relying on Supreme Court precedents, held that matrimonial disputes are private matters and should be resolved through mediation rather than criminal prosecution. It directed the District Court to issue notices, refer the parties to the District Mediation Centre, and grant the petitioner interim protection in the form of pre‑arrest bail pending mediation. The application for bail was consequently disposed.

Issues considered

  • Whether a matrimonial dispute alleged under Sections 85, 3(5) of the BNS Act and Sections 3, 4 of the D.P. Act warrants pre‑arrest bail.
  • Whether such a dispute constitutes a criminal offence against society or a private family matter.
  • Whether the Court should direct mediation before proceeding with criminal trial.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89921 of 2025
                        Arising Out of PS. Case No.-98 Year-2025 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Kabindra Ram S/O Nagar Ram Resident of Village- Pakari, P.S- Kochas,
                 District- Rohtas.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Parwati Devi W/O Kabindra Ram R/O Village- Pakari, P.S- Kochas, Distt.-
                 Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Fazle Karim, Advocate
                 For the Opposite Party/s :       Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                        Heard Mr. Md Fazle Karim, learned counsel

                   appearing on behalf of the petitioner and Mr. Shantanu Kumar,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Kochas P.S. Case No. 98 of 2025 registered for the

                   offence(s) punishable under Sections 85, 3(5) of the BNS and

                   Sections 3, 4 of D.P. Act.

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

                   informant, who is husband of informant/O.P. No.2 alleges that

                   the petitioner was already married to informant 14 years back

                   and they are having two children. The informant has further

                   alleged that her husband and mother-in-law made demand of
Patna High Court CR. MISC. No.89921 of 2025(2) dt.15-01-2026
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          rupees one lac and a motorcycle from her parents house in case

          of failure they threatened her to kill and her husband will marry

          with another girl.

                        4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. He further submitted that

          petitioner leading a peaceful married life with the informant but

          she never co-operates with him on the instigation of her family

          members. 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 a chance be given to the parties for amicable

          settlement outside the court.

                       6. The petitioner’s counsel on instruction submitted

          that the petitioner has          agreed to appear before the learned

          District Court at 10:30 A.M. on 12.02.2026.

                       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
Patna High Court CR. MISC. No.89921 of 2025(2) dt.15-01-2026
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          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 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
Patna High Court CR. MISC. No.89921 of 2025(2) dt.15-01-2026
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                                          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 12.02.2026, 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.

                       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 six 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.
           Patna High Court CR. MISC. No.89921 of 2025(2) dt.15-01-2026
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                                  14. In case of failure on the part of the petitioner to

                     appear on 12.02.2026 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)
Sanjay/-

U      T


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