Disposed

Faraz Ahmad v. The State of Bihar

Patna HC12 Mar 2026CR. MISC./11965/2026

Case brief

AI extract

What is this about?

Husband sought pre-arrest bail in a dowry cruelty complaint case; the court directed referral to District Mediation Centre, protected him from coercive action for three months, and granted pre-arrest bail on settlement or failure to reconcile.

What did the court decide?

Interim protection from coercive action for three months and direction for pre-arrest bail on settlement or failure of mediation, with reference to District Mediation Centre.

Faraz Ahmad Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11965 of 2026

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Arising Out of PS. Case No.-2140 Year-2024 Thana- COMPLAINT CASE District- Araria

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======================================================

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Faraz Ahmad S/o Late Md. Taha R/o Village - Sonarpatti, Ward No. 3, Mirzapur, P.S - Simraha, District - Araria

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... ... Petitioner/s

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Versus

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The State of Bihar

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Bibi Gufrana W/o Faraz Ahmad D/o Md. Ekramuddin , At present R/o Village - Mirzapur Ward No. 10, P.S - Simraha, District - Araria

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Md Naushaduzzoha, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 12-03-2026

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Heard learned counsel appearing on behalf of the petitioner, learned APP for the State and the learned counsel for the informant.

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The petitioner seeks pre-arrest bail in connection with Complaint Case No.2140C/2024, for the offences punishable under Sections 85 of the BNS and Section 3(5) of D.P. Act.

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

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

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Patna High Court CR. MISC. No.11965 of 2026(2) dt.12-03-2026 2/5

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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 referred for mediation.

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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.

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The petitioner’s counsel also informs that he has received instruction that the petitioner also wants to reconcile the dispute by way of mediation.

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The parties have agreed to appear before the learned District Court at 10:30 A.M. on 24.03.2026 for resolving the dispute by way of mediation.

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Heard the parties.

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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,

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Patna High Court CR. MISC. No.11965 of 2026(2) dt.12-03-2026 3/5

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

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which is as under:-

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“ 12. The special features in such matrimonial matters are evident. It becomes the duty of the court to encourage genuine settlements of matrimonial disputes.

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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 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.

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The parties have willingly desired to appear before the learned District Court on or before 24.03.2026, so that the matter can be referred to the District Mediation Centre.

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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”.

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Learned Mediator of the District Mediation Center concerned, upon appearance of the parties, shall make his/her

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Patna High Court CR. MISC. No.11965 of 2026(2) dt.12-03-2026 4/5

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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.

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In case, the parties resolve their dispute amicably 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.

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In case of failure on the part of the petitioner to appear on 24.03.2026 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.

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In case, it is deliberate on the part of the informant to reconcile, then in that case, the interim protection granted to the petitioner shall continue and the trial shall proceed in accordance with law.

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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.

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Patna High Court CR. MISC. No.11965 of 2026(2) dt.12-03-2026 5/5

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If both the parties arrive at amicable settlement, then they must withdraw the criminal cases, if any, which they have lodged against each other.

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With aforesaid direction and observation, the present application stands disposed of.

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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.

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(Purnendu Singh, J)

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chn/-

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U T

Faraz Ahmad v. The State of Bihar

Case brief

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Faraz Ahmad v. The State of Bihar

Case brief

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