The court established the principle that pre-arrest bail can be granted in matrimonial disputes to facilitate amicable resolutions.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

9 12-12-2025 Heard Mr. Piyush Saurav, learned counsel appearing on behalf of the petitioner; Mr. Prabhat Prasoon, learned counsel for the O.P. No. 2 and Mr. Suresh Prasad Singh, learned A.P.P.

for the State.

2. The petitioner seeks pre-arrest bail in connection offence(s) punishable under Section 498 (A)/34 of the Indian Penal Code and Section 3 /4 of the D.P. Act .

3. The present case relates to matrimonial dispute between the petitioner and the opposite party no.2, who are husband and wife. The allegation against the petitioner is of assaulting the opposite party no.2 for non-fulfillment of demand of dowry.

4. Learned counsel appearing on behalf of the parties submitted that the dispute between the parties could not be resolved through the process of mediation and a report dated 25.09.2025 to that effect has been submitted by the learned Mediator, which has been kept at Flag “D”.

5. This Court, being conscious of the dispute that it is between husband and wife and not against the society, don’t find any reason to keep pending the present bail application and as such, the petitioner, above named, is directed to be released on pre-arrest bail, so that the petitioner and O.P. No.2 can resolve their dispute amicably, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria in connection with laid down under Section 438 (2) of the Cr.P.C.

6. The parties may proceed to avail remedy before the learned District Court concerned.

7. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J)