Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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 The court stipulated that if mediation succeeds, the criminal case should be withdrawn; otherwise, the bail conditions remain.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
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
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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
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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/-
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