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Patna High Court

Golu Kumar @ Golu Kumar Ray @ Nageshwar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the alleged acts do not constitute an offence under Section 307 IPC and, given the parties' settlement, the appellants are entitled to pre‑arrest bail subject to mediation.

Summary

The appellants appealed under Section 14(A)(2) of the SC/ST (POA) Act against the Special Judge's denial of pre‑arrest bail in a case arising from a marriage ceremony where they were alleged to have assaulted the complainant and invoked caste slurs. The court examined the FIR allegations, the nature of injuries (a fracture of a finger) and held that the facts did not satisfy the elements of Section 307 IPC, at most attracting Section 326 IPC. Relying on Supreme Court precedents (Naushey Ali & Ors. and Ramawatar) the court emphasized that where the dispute is settled and the offence is not against society at large, compromise may be permitted even under the SC/ST Act. Consequently, the court directed that the appellants be released on pre‑arrest bail, subject to mediation before the District Mediation Centre, and modified the impugned order accordingly. The application was disposed.

Issues considered

  • Whether the allegations under the SC/ST (POA) Act and IPC sections justify denial of pre‑arrest bail.
  • Whether the alleged conduct falls within Section 307 IPC or merely Section 326 IPC.
  • Whether a settlement/compromise is permissible under Section 18 of the SC/ST (POA) Act.
  • Whether the court may grant bail pending mediation in view of the parties' willingness to settle.

Legislation cited

Subjects

  • pre‑arrest bail
  • SC/ST (POA) Act
  • settlement
  • mediation
  • assault
  • IPC Section 307
  • compromise
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4005 of 2025
                  Arising Out of PS. Case No.-68 Year-2023 Thana- SARAN COMPLAINT CASE District-
                                                          Saran
                 ======================================================
           1.     Golu Kumar @ Golu Kumar Ray @ Nageshwar Ray Son of Raj Rai
                  Resident Of Village- Maujampur, Po - Naraon, Ps- Awatar Nagar , Dist-
                  Saran
           2.    Mely Ray @ Bittu Rai son of Raj Rai Resident Of Village- Maujampur, Po -
                 Naraon, Ps- Awatar Nagar , Dist- Saran
           3.    Patarka Rai @ Rajeshwar Rai son of Raj Rai Resident Of Village-
                 Maujampur, Po - Naraon, Ps- Awatar Nagar , Dist- Saran

                                                                               ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.    Krishna Manjhi son of Yugeshwar Manjhi Resident Of Village- Maujampur,
                 Po - Naraon, Ps- Awatar Nagar , Dist- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :     Mr. Shiv Shankar Prasad Yadav, Advocate
                 For the Respondent/s     :     Mr. Binay Krishna, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   16-04-2026                          Heard Mr. Shiv Shankar Prasad Yadav, learned

                   counsel for the appellants and Mr. Binay Krishna, learned Spl.

                   PP for the State.

                               2. The appellants have preferred the appeal under

                   Section 14(A)(2) of the SC/ST (POA) Act against the rejection

                   of prayer for pre-arrest bail vide order dated 09.07.2025 passed

                   by learned Special Judge, SC/ST Court, Saran at Chhapra in

                   A.B.P. No. 2121 of 2025 arising out of Complaint Case No. 68

                   of 2023 registered under Sections 341, 323, 504, 379, 34 of the
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          Indian Penal Code and Sections 3(1)(r) of the SC/ST (POA) Act.

                       3. As per the allegations made in the FIR, during a

          marriage ceremony at the complainant’s residence, the

          appellants, along with other co-accused, had allegedly assaulted

          the complainant and his family members, including members of

          the Barat party, and further subjected them to social humiliation

          by invoking their caste name.

                            4. Learned counsels appearing on behalf of

          appellants submitted that general and omnibus allegation has

          been levelled against the appellants. The appellants are innocent

          and they have not abused the informant or his family members

          in public view. The allegation under Section 3(1)(r) of the

          SC/ST (POA) Act is ornamental, therefore, bar of Section 18 of

          SC/ST Act will not come in way. However, he further submitted

          that there is every possibility that the parties will enter into

          compromise to buy peace for all the time.

                       5. Learned A.P.P. for the State submitted that a chance

          be given to the parties to settle their dispute amicably.

                       6. Learned counsel appearing on behalf of the

          appellants, on instruction, submitted that the appellants have

          agreed to appear before the learned District Court on or before

          27.04.2026.
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                           7. Heard the parties.

                           8. Having heard the rival submissions made on

          behalf of the parties, as well as, considering the nature of

          allegation made in the F.I.R., I find that such incidence happens

          in the village and to maintain harmony between all sections of

          the society, the parties may enter into compromise in light of the

          law laid down by the Apex Court in the case of Naushey Ali &

          Ors. Vs. State of Uttar Pradesh & Anr. reported in (2025) 4

          SCC 78 in paragraph nos. 11 to 20, which inter alia are

          reproduced hereinafter:

                                                 “11. Before we apply this judgment to
                                   the facts, it will be worthwhile to recall the
                                   observations of Sikri, J. in Narinder Singh
                                   (supra):-
                                   "26. Having said so, we would hasten to add that
                                   though it is a serious offence as the accused
                                   person(s) attempted to take the life of another
                                   person/victim, at the same time the court cannot be
                                   oblivious to hard realities that many times whenever
                                   there is a quarrel between the parties leading to
                                   physical commotion and sustaining of injury by
                                   either or both the parties, there is a tendency to give
                                   it a slant of an offence under Section 307 IPC as
                                   well..."
                                                                    (Emphasis supplied)
                                   12. Coming back to Laxmi Narayan (supra), this
                                   Court has held that mere mention of Section 307
                                   IPC in the FIR or the charge-sheet should not be the
                                   basis for adopting a hands-off approach. It has
                                   further held that it would be open for the court to
                                   examine as to whether incorporation of Section 307
                                   IPC is there for the sake of it or whether there is
                                   evidence to back it. It has been held that the courts
                                   may go by the nature of injuries sustained; as to
                                   whether the injuries are inflicted on the vital/
                                   delicate parts of the body and the nature of weapon
                                   used. It has also been clarified that such an exercise
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                                   would be permissible after investigation and filing
                                   of chargesheet/framing of charges or during the
                                   trial. [See 15.4 of Laxmi Narayan (supra)].
                                   13. Coming to the facts of the case, admittedly, there
                                   is a settlement between the parties. The case filed by
                                   the appellants' party which was prior in point of
                                   time and that too on the same day of occurrence,
                                   has been settled.
                                   14. It should be recalled that, at the outset, after
                                   investigation, the police actually closed the case in
                                   its final report of 07.09.1991. It was the trial Court,
                                   which by its order of 05.09.1992, refused to accept
                                   the same and summoned the appellants. The
                                   incident is of 11.08.1991, i.e. about 33½ years back.
                                   No doubt, there is a reference to the firing in the FIR
                                   but admittedly there was no injury. The allegation is
                                   that firing was done by Abdul Waris. He is since
                                   deceased. The facts, assuming to be true, also do not
                                   make out a case of common object for the appellants
                                   under Section 149 IPC insofar as the offence of
                                   Section 307 is concerned.
                                   15. The role attributed to the seven members,
                                   including the five appellants is not specific. General
                                   allegation was that they abused in filthy language
                                   and assaulted Mahmood with lathi and iron bars.
                                   The specific individual role was only attributed to
                                   Adbul Waris, who is since deceased.
                                   16. In any event, the police who investigated
                                   disbelieved the entire story. No recoveries have been
                                   made of any pellets. What engaged the attention of
                                   the High Court was only the fracture of the head of
                                   the distal phalanx of left finger of respondent No.2.
                                   17. We have seen the injuries sustained by
                                   Mahmood (R-2) from the medical evidence
                                   collected. From the injury report, it is clear that
                                   while the first four injuries were contusions and
                                   abrasions, injury Nos. 5, 6 and 7 pertained to
                                   incised lacerated wound and swelling on the middle
                                   finger of the left hand. We have also seen the x-ray
                                   report which shows that in the left hand there was a
                                   fracture of the head of distal phalanx of left ring
                                   finger. Assuming that this was the result of injury
                                   with lathis or iron bar, applying the test in Laxmi
                                   Narayan (supra), considering the injury and the
                                   nature of the weapon used, certainly no offence
                                   under Section 307 IPC is made out.
                                   18. Section 307 of IPC reads as under:-
                                   "307. Attempt to murder.-
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                                   Whoever does any act with such intention or
                                   knowledge, and under such circumstances that, if he
                                   by that act caused death, he would be guilty of
                                   murder, shall be punished with imprisonment of
                                   either description for a term which may extend to
                                   ten years, and shall also be liable to fine; and if hurt
                                   is caused to any person by such act, the offender
                                   shall be liable either to imprisonment for life, or to
                                   such punishment as is hereinbefore mentioned.
                                   Attempts by life convicts.- When any person
                                   offending under this section is under sentence of
                                   imprisonment for life, he may, if hurt is caused, be
                                   punished with death."
                                   19. Keeping in mind the surrounding circumstances,
                                   the nature of the weapon and the nature of the
                                   injury, on facts, we are inclined to conclude that the
                                   overt act attributed to the appellants does not bring
                                   the case within the four corners of the Section 307
                                   of IPC, either on a stand-alone basis or as held
                                   above with the aid of Section 149 of IPC.
                                   20. We are also inclined to conclude that
                                   considering the overall circumstances, the nature of
                                   the weapon and the nature of the injury (fracture of
                                   the head of distal phalanx of left ring finger), the
                                   offence alleged, on facts, does not fall in that
                                   category of cases where the court should deny relief
                                   in the event of a settlement. At the highest, the
                                   offence alleged could be one under Section 326 of
                                   IPC. It could not be said, on facts, considering all
                                   the circumstances that this is a crime which has
                                   such an harmful effect on the public and that it has
                                   the effect of seriously threatening the well-being of
                                   the society. We make it clear that we are saying so
                                   on the facts of the present case. We are also firmly of
                                   the opinion that proceeding with the trial, when
                                   parties have amicably resolved the dispute in the
                                   present case, would be futile and the ends of justice
                                   require that the settlement be given effect to by
                                   quashing the proceedings. It would be a grave abuse
                                   of process to let this trial remain pending under the
                                   above circumstances, particularly when the dispute
                                   is settled and resolved.”



                         9. The Apex Court in the case of Ramawatar Vs.

          State of Madhya Pradesh, reported in (2022) 13 SCC 635,

          wherein similar circumstances, the Apex Court have observed
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          that nature of dispute and settlement has to be given due regard

          when the crime is not against the society. In the said case, the

          appellant was faced with the prosecution which attracts offence

          under SC/ST Act and the complainant has willingly entered into

          compromise.

                       10. The appellants have willingly desired to appear

          before the learned District Court on or before 27.04.2026, so

          that the matter can be referred to the District Mediation Centre.

                       11. Learned District Court is directed to 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 Center by fixing a date for

          appearance of the parties to give effect to “Mediation for the

          Nation 2.0”.

                       12. Learned Mediator of the District Mediation Center

          concerned, upon appearance of the parties, shall make his/her

          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 appellants in connection with the

          aforesaid case.

                       13. In case, the parties resolve their dispute amicably
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          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court as referred hereinabove, the appellants are

          required to be released on pre-arrest bail on such terms and

          conditions as the learned District Court deems it fit and proper.

                       14. In case of failure on the part of the appellants to

          appear on 27.04.2026 before the learned District Court or any

          date fixed by the learned Mediator, the interim protection

          granted to the appellants shall automatically lose its force.

                       15. In case, it is deliberate on the part of the

          complainant to reconcile, then in that case, the             interim

          protection granted to the appellants shall continue and the trial

          shall proceed in accordance with law.

                       16. In case, the parties fail to reconcile, then in that

          case, parties may avail appropriate remedy. Then also,

          appellants are directed to be released on pre-arrest bail on such

          terms and conditions as the learned District Court deems it fit

          and proper.

                       17. If both the parties arrive at amicable settlement,

          then they must withdraw the criminal cases, if any, which they

          have lodged against each other.

                       18. Accordingly, the impugned order is modified to

          the above extent.
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                                     19. The present application stands disposed of.

                                     20. 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)
Niraj/-

U         T


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