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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the matrimonial dispute is a private conflict not constituting an offence against society and therefore directed mediation and conditional pre‑arrest bail.

Summary

Raju Kumar petitioned for pre‑arrest bail in a complaint alleging dowry harassment, cruelty, assault and causing two miscarriages under various sections of the BNS and the D.P. Act. The complainant, his wife, claimed continuous harassment, an illicit relationship, and physical assault leading to her forced removal from the matrimonial home. Both parties expressed willingness to reconcile and agreed to appear before the District Court for mediation. The High Court, relying on precedents that matrimonial disputes are private matters, directed the matter to the District Mediation Centre and granted interim protection to the petitioner, ordering pre‑arrest bail on conditions set by the District Court. The court stipulated that if mediation succeeds, the criminal case should be withdrawn; otherwise, the bail conditions remain. The application was consequently disposed.

Issues considered

  • Whether a pre‑arrest bail can be granted in a matrimonial dispute involving alleged dowry harassment and related offences
  • Whether the alleged conduct constitutes an offence against society or a private matrimonial dispute
  • Whether mediation is an appropriate mechanism before proceeding with criminal prosecution

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 3(5), 351(2)(3), 352, 61(2), 85, 89
  • D.P. Act — s. 3, 4

Subjects

  • pre‑arrest bail
  • matrimonial dispute
  • dowry harassment
  • mediation
  • criminal law
  • private dispute
  • BNS Act
  • D.P. Act
  • reconciliation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91355 of 2025
                 Arising Out of PS. Case No.-1594 Year-2024 Thana- MUZFFARPUR COMPLAINT CASE
                                                  District- Muzaffarpur
                 ======================================================
                 Raju Kumar, Male, aged around 30 years, Son of Late Bhutkun Thakur and,
                 Resident of Village- Bhatoliya, P.S.- Paru, District -Muzaffarpur and at
                 present Mohalla- Chainpur, P.O.- Bhagwanpur, P.S. -Kanti, District-
                 Muzaffarpur

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Chanda Kumari Daughter of Shivchandra Sharma Resident of village
                 -Hasanpur Gangti P S- Kathara, District- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mrs. Anjana, Advocate
                 For the O.P. No. 2     :      Mrs. Nachiketa Jha, Advocate
                 For the State          :      Mrs. Pushpa Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   19-03-2026                          Heard learned counsel appearing on behalf of

                   the petitioner, learned APP for the State and learned counsel for

                   the O.P. Nos.2.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Complaint Case No. 1594 of 2024 for the offences

                   punishable under Sections 115(2), 126(2), 85, 109, 89, 352,

                   351(2)(3), 61(2), 3(5) of the BNS and Sections 3/4 of the D.P.

                   Act.

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

                   complainant was married to the petitioner, Raju Kumar, on

                   17.02.2021, following which she went to reside at her
Patna High Court CR. MISC. No.91355 of 2025(3) dt.19-03-2026
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          matrimonial home. She alleged that soon after the marriage, the

          petitioner and his family members subjected the complainant to

          continuous harassment and cruelty on account of unlawful

          demands for dowry. The complainant was allegedly taunted,

          mentally and physically tortured, and coerced to bring

          additional dowry from her parental home. It is further alleged

          that the complainant discovered an illicit relationship between

          her husband and her sister-in-law (the wife of her husband’s

          brother). Upon confronting them regarding the same, the

          complainant was allegedly subjected to severe physical assault

          by both the petitioner and the said sister-in-law. The petitioner,

          along with his mother and sister-in-law, subjected the

          complainant to extreme cruelty which resulted in miscarriage on

          two separate occasions. Ultimately, the complainant was

          forcibly ousted from her matrimonial home.

                       4.    Learned counsel appearing on behalf of the

          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. He submitted that the matter be
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          referred for mediation.

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

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

          opportunity shall 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 31.03.2026 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 B.S. Joshi v. State of Haryana,

          reported in, (2003) 4 SCC 675, in paragraph nos. 12 and 13

          which is 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
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                                  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 parties have willingly desired to appear

          before the learned District Court on or before 31.03.2026, 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

          aforesaid case.

                       13. In case, the parties resolve their dispute amicably
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          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 31.03.2026 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

          complainant 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

          present application stands disposed of.

                       19. Let a copy of this order be communicated to the
              Patna High Court CR. MISC. No.91355 of 2025(3) dt.19-03-2026
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                        Member Secretary, Bihar State Legal Services Authority and the

                        Patna High Court Mediation Centre for the purpose of record.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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