Sanjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13562 of 2026 Arising Out of PS. Case No.-1196 Year-2021 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.
Sanjeet Kumar Son of Tribhuwan Rai R/o - Bajitpur, P.S - Paru, District - Muzaffarpur 2.
Suman Devi @ Suman Kumari Wife of Tribhuwan Rai R/o - Bajitpur, P.S - Paru, District - Muzaffarpur 3.
Alok Kumar son of Late Randhir Singh R/o - Bajitpur, P.S - Paru, District - Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Raj Narayan Patel Son of Vishnudev Patel R/o - Sirsaviran, Ps- Lalganj, Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nagendra Sharma, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-05-2026 Heard Mr. Nagendra Sharma, learned counsel appearing on behalf of the petitioners and Mr. Rajendra Nath Jha, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with complaint case no. 1196/2021 registered for the offence(s) punishable under sections 341,323,406, of the IPC and sections 3,4 of Dowry Prohibition Act.
3. As per the allegation made in the FIR, after receiving cash, jewellery and other articles in the Chheka, the accused persons allegedly demanded Rs.5 lakhs and a Bullet
2/4 motorcycle as dowry and, on non-fulfilment thereof, refused to solemnize the marriage and got the groom married elsewhere.
4. Learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely been implicated in the present case with malafide intention to extract money. Due to unemployment of petitioner no.1, the complainant himself withdrew from the marriage negotiation after his daughter got appointed as a Nurse in the year 2021. Learned counsel further submitted that no dowry demand was ever made and the allegations are false and concocted. The daughter of the complainant has already solemnized marriage with another person in the year 2023 and is living peacefully in her matrimonial home. The petitioners have clean antecedent. However, learned counsel submitted that the dispute between the parties arises out of matrimonial negotiation and alleged demand of dowry, and for amicable settlement of dispute between the parties outside the Court, the matter be referred for mediation.
5. Per contra, learned APP appearing on behalf of the State submitted that a chance be given to the parties for amicable settlement outside the Court.
6. Having heard the rival submissions made on behalf
3/4 of the parties and upon consideration of the nature of allegations and the background of the matrimonial dispute, I am of the opinion that an opportunity is to be given to the parties to settle their dispute amicably outside the Court.
7. The learned District Court is directed to issue notice to O.P. No.2 and fix a date after two weeks for appearance of the parties and take necessary steps to refer the matter before the learned Mediator of the District Mediation Centre concerned to give effect to "Mediation for the Nation 2.0".
8. Upon appearance of the parties, the learned Mediator shall make sincere endeavour to resolve the dispute amicably and submit a report before the learned District Court within a period of three months. Till submission of the mediation report, no coercive action shall be taken against the petitioners in connection with the present case.
9. In case the parties arrive at an amicable settlement or mutual understanding, the petitioners shall be released on pre-arrest bail on such terms and conditions as the learned District Court may deem fit and proper.
10. In case the complainant deliberately fails to participate in the mediation proceeding or refuses to reconcile,
4/4 the interim protection granted to the petitioners shall continue and the proceeding before the court below shall proceed in accordance with law.
11. If the petitioners fail to appear before the learned District Court or before the learned Mediator on the date so fixed, the interim protection granted to them shall automatically lose its force.
12. If the mediation proceeding fails, the parties shall be at liberty to avail appropriate remedy before the Competent Court and in such event also, the petitioners shall be released on pre-arrest bail on such terms and conditions as the learned District Court deems fit and proper.
13. In case the parties arrive at amicable settlement, they shall also withdraw the criminal cases, if any, instituted against each other.
14. With the aforesaid observations and directions, the present application stands disposed of.
(Purnendu Singh, J) Ashishsingh/- U T