Anticipatory bail granted in matrimonial dispute following failed mediation and payment of interim maintenance to wife.

The applicant, Pushpendra Kumar Pandey, sought anticipatory bail regarding Crime No. 82/2025 registered at Mahila Thana, Durg.

The complainant (the applicant’s wife) alleged that since their marriage on May 21, 2023, she was subjected to physical and mental cruelty, dowry demands (specifically a Nexon car and Rs. 7,00,000/- transferred to a co-accused), and forced unnatural sexual acts under intoxication.

The applicant claimed the allegations were fabricated and noted that he had sent a legal notice for divorce in May 2024.

During the proceedings, the applicant deposited Rs. 50,000/- with the Court's Mediation Centre, which the complainant received; however, mediation ultimately failed.

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the matrimonial nature of the dispute and the conduct of the parties during mediation.

The court primarily applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant anticipatory bail.

The substantive offences alleged fell under Sections 85 (cruelty by husband or relatives) and 3(5) (joint liability) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 04 of the Dowry Prohibition Act, 1961.

The court also adhered to the principle that in matrimonial disputes, the possibility of settlement and the nature of the personal conflict are relevant factors for discretionary relief.

The Court reviewed the case diary and the gravity of the allegations, balanced against the procedural history of the dispute.

It noted that the applicant had complied with previous court orders dated February 4, 2026, by appearing before the Mediation Centre and paying a sum of Rs. 50,000/- to the wife.

Although the mediation failed, the Court emphasized that the dispute was fundamentally "matrimonial in nature".

By assessing the applicant's cooperation with the mediation process and the specific context of the marital breakdown, the Court determined that custodial interrogation was not necessitated and that the rights of the applicant could be protected through conditional bail.

It held that in the event of arrest, the applicant shall be released upon executing a personal bond with one surety, subject to several conditions: (a) non-interference with witnesses; (b) cooperation with the trial; (c) regular appearance before the trial court; (d) submission of Aadhaar credentials for verification; and (e) refraining from committing similar future offences.