Patna High CourtCR. MISC./25403/2026disposed

Janweer v. The State Of Bihar

2026-04-22Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25403 of 2026 Arising Out of PS. Case No.-1496 Year-2024 Thana- COMPLAINT CASE District- Araria ====================================================== Janweer son of Md. Kalmuddin Resident of village- Purwari Jhirua ward number 10, PS -Simraha District - Araria ... ... Petitioner/s

Versus

The State of Bihar bihar 2.

Asro Khatoon Wife of janweer Resident of village- Purwari Jhirua ward number 02, PS -Simraha District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP for OP No.2 :

Mr.Naushaduzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-04-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP for the State and learned counsel for the O.P. No.2.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1496 of 2024 for the offences punishable under Sections 85, 115(2), 303(2), 352, 351(2)(3) and 3(5) of BNS.

3. The allegation is of subjecting the O.P. No.2 to various sorts of torture and cruelty for non-fulfillment of demand of dowry.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is the husband of the O.P.

Patna High Court CR. MISC. No.25403 of 2026(2) dt.22-04-2026 2/3 No.2 and the allegation levelled against him is false and concocted. The petitioner in Paragraph No. 12 of the bail application has specifically stated that he is ready to keep his wife with full dignity and honour. The petitioner has clean antecedent.

5. Learned counsel appearing on behalf of the O.P. No.2 and learned APP for the State jointly opposed the prayer for bail to the petitioner.

6. Both the learned counsels jointly informs this Court that the respective parties are ready to live together and lead a peaceful life.

7. Considering the said information and the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on bail provisionally on such terms and conditions as the learned District Court deems it fit and proper, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS. However, the identity of both the parties must be ascertained at the time of furnishing of the bail bond.

7. 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

Patna High Court CR. MISC. No.25403 of 2026(2) dt.22-04-2026 3/3 Apex Court in the case of Rajendra Bhagat v. State of Jharkhand, reported in (2022) 18 SCC 465. Learned District Court is directed to examine the matter for settlement of the dispute outside the court by way of mediation in light of the law laid down by the Apex Court in case of Rajendra Bhagat (supra) and 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 Centre by fixing a date for appearance of the parties to give effect to "Mediation for the Nation 2.0".

8. In case, the parties settle their dispute, the provisional bail shall be made absolute.

9. In case of failure, the law will take its own course.

10. The bail application stands disposed of.

11. Let a copy of this order be communicated to the Member Secretary, Bihar State Legal Services Authority and the Patna High Court Mediation Centre for the purpose of record. (Purnendu Singh, J) chn/- U T