Ranjeet KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90537 of 2025
                      Arising Out of PS. Case No.-21 Year-2025 Thana- MAHILA P.S. District- Nawada
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                 Ranjeet Kumar S/o- Birju Singh R/o Mohalla- New Area Nawada Near Durga
                 Mandap PS- Nagar Distt- Nawada
                                                                        ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Reema Kumari W/o- Ranjeet Kumar R/v- New Area Ps- Nagar Dist-
                  Nawada
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vibhuti Ranjan Sonvadra, Advocate
                 For the Opposite Party/s :        Mr.Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   07-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Mahila P.S.Case No.21 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 85, 303(2), 351(2)

                   and 3(5) of BNS.

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

                   petitioner has developed relationship with ‘X’ and subjected the

                   informant to cruelty, who is the legally wedded wife of the

                   petitioner. It is further alleged that the husband of ‘X’ recorded

                   his statement before the police that ‘X’ has left her matrimonial

                   home and is presently residing with the petitioner.

                                4. The informant, who is the legally wedded wife of

                   the petitioner, has alleged that she has been subjected to cruelty

                   at the hands               of the petitioner and such allegation is
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          corroborated by the independent witnesses, which forms part

          of the affidavit filed by the Superintendent of Police in

          compliance of the order dated 24.02.2026.

                       5. It further transpires that the husband of ‘X” has

          instituted a divorce proceeding against her.

                       6. At the same time, it is an admitted position that the

          informant has not sought divorce from the petitioner. In such

          circumstances, the question arises as to whether the relationship

          between the ‘X’ and the husband of the informant, who is the

          petitioner before this Court, is legal and has any bearing in the

          facts of the case to consider in the light of the law laid down by

          the Apex Court in the case of Joseph Shine v. Union of India

          reported in 2018 SCC Online SC 2, which led to deletion of

          Section 497 from the Indian Penal Code to analyze whether

          offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023

          is made out or such relationship will amount to subject the

          informant to cruelty.

                       7. Considering the materials, which have surfaced

          during the course of investigation, as would appear from the

          affidavit on record, the petitioner has certainly subjected his

          wife to cruelty by maintaining an open relationship with another

          woman (‘X’) without seeking divorce from his legally wedded
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                      wife . Such open relationship is still not acceptable in the Indian

                      Society.

                                   8. In view of the above facts and circumstances of the

                      case, this Court by way of an opportunity to the petitioner and

                      Opposite Party No. 2 finds it proper to direct them to explore

                      the possibility of reconciliation or amicable settlement outside

                      the Court.

                                   9. For the said purpose, in the meantime, the

                      petitioner is directed to be released on provisional bail in

                      connection with Mahila P.S. Case No. 21 of 2025, subject to

                      the outcome of the settlement proceedings between the parties.

                                   10. The learned district court is directed to refer the

                      matter for mediation.

                                   11. The mediation proceedings shall be conducted

                      strictly in accordance with the provisions of the Mediation Act,

                      2023. In case the parties reconcile, the provisional bail granted

                      to the petitioner shall be made absolute

                                   12. With the above observation/direction, the present

                      bail application stands disposed of.



                                                (Purnendu Singh, J)
chn/-
U       T