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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the matter is essentially a civil dispute and ordered mediation, granting interim protection and directing that pre‑arrest bail be released on terms set by the District Court.

Summary

The petitioner, Manoj Kumar, applied for pre‑arrest bail in a case alleging fraud, kidnapping and rape under Sections 316(2), 316(5) and 64 of the Bihar Negotiable Instruments Act. The prosecution alleged that Kumar cheated the informant of Rs 11 lakh and subsequently confined and raped her. The petitioner claimed innocence, stating the dispute was purely monetary and could be settled by mediation. Both the informant and the State agreed to attempt an amicable settlement and appeared before the court. Relying on Supreme Court precedents (Paramjeet Batra and S N Vijayalakshmi), the High Court observed that the dispute is essentially civil and directed the parties to a District Mediation Centre, granting interim protection and conditioning pre‑arrest bail on successful mediation. The application was consequently disposed.

Issues considered

  • Whether the allegations under Sections 316(2), 316(5) and 64 of the Bihar Negotiable Instruments Act constitute a criminal offence or a civil dispute.
  • Whether the petitioner is entitled to pre‑arrest bail pending mediation.
  • Whether the High Court can invoke its inherent powers under Section 482 CrPC to stay criminal proceedings in a civil‑nature dispute.

Legislation cited

Subjects

  • pre‑arrest bail
  • mediation
  • civil dispute
  • criminal procedure
  • Section 482 CrPC
  • Section 316 BNS
  • Section 64 BNS
  • abuse of process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44922 of 2025
                        Arising Out of PS. Case No.-56 Year-2024 Thana- MAHILA PS District- Gaya
                 ======================================================
                 Manoj Kumar aged about 51 yrs. (Male) S/o Devendra Prasad, Resident of
                 Vidya Prakash Mandir, Magadh Medical College, P.S.- Magadh Medical
                 College and Hospital, District- Gaya


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar, Advocate
                 For the Informant        :        Mr. Amritanshu Dangi, Advocate
                 For the State            :        Mr. Uma Shankar Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   21-01-2026                                Heard Mr. Pankaj Kumar, learned counsel

                   appearing on behalf of the petitioner; Mr. Amritanshu Dangi,

                   learned counsel for the informant and Mr. Uma Shankar Prasad

                   Singh, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Mahila P.S. Case No. 56 of 2024 registered for the offence

                   punishable under Sections 316(2), 316(5) and 64 of the BNS.

                                 3. Prosecution case, in brief, is that the petitioner had

                   fraudulently taken Rs. 11 Lakh from the informant on the

                   pretext of providing government teacher job to him but he could

                   not provide government teacher job to him. When the informant

                   demanded her money back, the petitioner had allegedly
Patna High Court CR. MISC. No.44922 of 2025(5) dt.21-01-2026
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          confined her in a room and committed rape with her.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner is innocent and he has

          falsely been implicated in the case. Allegation of offence

          committed under Section 64 of the BNS is ornamental. He

          further submits that the matter primarily relates to monetary

          transaction between the parties and the dispute can be settled

          amicably by way of mediation.

                       5. Learned counsel appearing on behalf of the

          informant has opposed the prayer for grant of pre-arrest bail,

          however, he also informs that the O.P. No. 2 is willing to resolve

          the dispute amicably outside the Court.

                       6. Learned APP appearing on behalf of the State

          submitted that so far as allegation in respect of committing

          offence under Section 64 of the BNS, there is no sign of sexual

          intercourse and the informant has given contradictory statement

          in course of investigation a chance be given to the parties for

          amicable settlement outside the court.

                       7. However, at this stage, learned counsel for the

          respective parties, on instruction, submitted that the parties have

          agreed to appear before the learned District Court at 10:30 A.M.

          on 19.02.2026 for resolving the dispute by way of mediation.
Patna High Court CR. MISC. No.44922 of 2025(5) dt.21-01-2026
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                       8. Heard the parties

                       9. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR, I am of the opinion that primarily the parties

          are aggrieved with certain transaction of money and an

          opportunity is required to be given to the parties to settle their

          score amicably outside the Court.

                       10. In this regard, I find it apt to take note of the

          observation made by the Apex Court in case of Paramjeet

          Batra v. State of Uttarakhand reported in (2013) 11 SCC 673,

          in which, the Apex Court in paragraph no. 12 has held as

          follows:

                                              "12. While exercising its jurisdiction
                                  under Section 482 of the Code the High Court has to
                                  be cautious. This power is to be used sparingly and
                                  only for the purpose of preventing abuse of the
                                  process of any court or otherwise to secure ends of
                                  justice. Whether a complaint discloses a criminal
                                  offence or not depends upon the nature of facts
                                  alleged therein. Whether essential ingredients of
                                  criminal offence are present or not has to be judged
                                  by the High Court. A complaint disclosing civil
                                  transactions may also have a criminal texture. But
                                  the High Court must see whether a dispute which is
                                  essentially of a civil nature is given a cloak of
                                  criminal offence. In such a situation, if a civil
                                  remedy is available and is, in fact, adopted as has
                                  happened in this case, the High Court should not
                                  hesitate to quash the criminal proceedings to
                                  prevent abuse of process of the court."
                                                                   (emphasis supplied)

                        11. The Apex Court has reiterated the aforesaid

          proposition in recent judgment of S. N. Vijayalakshmi & Ors.
Patna High Court CR. MISC. No.44922 of 2025(5) dt.21-01-2026
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          vrs. The State of Karnataka and Anr. reported in (2025) SCC

          Online SC 1575.

                       12. The parties have willingly desired to appear

          before the learned District Court on or before 19.02.2026, so

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

                       13. 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.

                       14. 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 four months, till then, no coercive action shall

          be taken against the petitioner in connection with the aforesaid

          case.

                       15. 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.
              Patna High Court CR. MISC. No.44922 of 2025(5) dt.21-01-2026
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                                     16. In case of failure on the part of the petitioner to

                        appear on 19.02.2026 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.

                                     17.    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.

                                     18. 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.

                                     19. If both the parties arrive at amicable settlement,

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

                        have lodged against each other.

                                     20.    With aforesaid direction and observation, the

                        present application stands disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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