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Patna High Court

Md. NezamuddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the matter is amenable to amicable settlement through mediation and therefore disposed of the pre‑arrest bail application, leaving the final bail decision to the District Court after mediation.

Summary

The petitioner, Md. Nezamuddin, applied for pre‑arrest bail in a criminal case alleging that he demanded Rs.15 lac as dowry and forced the informant’s father to execute a sale deed of 17 decimal of land in his favour. The FIR charges under Sections 70(1), 61(2), 318(4) and 3(5) of the BNS, while the informant’s statement under Section 183 of the BNSS admits the relationship and the land transaction but not a Nikah. Both the State’s APP and the informant’s counsel argued that the dispute is essentially civil and should be resolved through mediation. The Court, noting the absence of the petitioner, directed the police to produce him before the District Court and ordered that the matter be referred to the District Mediation Centre, with interim protection for the petitioner pending mediation. The application for pre‑arrest bail was disposed, with the Court directing that bail be granted by the District Court if an amicable settlement is reached, and that the interim protection lapse if the petitioner fails to appear.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving alleged dowry demand and forced land sale under the BNS provisions.
  • Whether the dispute is suitable for settlement through mediation rather than criminal prosecution.
  • Whether interim protection can be granted to the petitioner pending mediation.

Legislation cited

  • BNS — s. 318(4), 3(5), 61(2), 70(1)
  • BNSS — s. 183

Subjects

  • pre‑arrest bail
  • mediation
  • dowry demand
  • land sale deed
  • criminal procedure
  • Section 183
  • interim protection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60854 of 2025
                    Arising Out of PS. Case No.-47 Year-2025 Thana- Bundelkhand P.S. District- Nawada
                 ======================================================
                 Md. Nezamuddin Son of Md. Abul Kalam R/o Chhota Sheikhpura, P.S.-
                 Narhat, Distt.- Nawada.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Anisha Praveen Daughter of Md. Raza Asharfi R/o Sonsihari, P.S.- Muffasil,
                 Distt.- Nawada.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     None
                 For the informant          :     Mr.Sandeep Jha, Advocate
                                                  Mr.Rajguru Prasad, Advocate
                                                  Mr.Aditya Jha, Advocate
                 For the Opposite Party/s        :       Mr.Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
7   11-02-2026                   No one appears on behalf of the petitioner. However,

                   Mr. Sandeep Jha along with Mr. Rajguru Prasad and Mr. Aditya

                   Jha, learned counsels appearing on behalf of the informant and

                   Mr. Ashok Kumar Singh, learned APP for the State is present.

                                 2. Petitioner seeks pre-arrest bail in connection with

                   Bundelkhand P.S.Case No.47 of 2025, registered for the

                   offences punishable under Sections 70(1), 61(2), 318(4) and

                   3(5) of BNS.

                                 3. As per the allegation made in the FIR, the petitioner

                   demanded Rs.15 lac from the father of the informant on the

                   pretext of getting married with the informant and the father of
Patna High Court CR. MISC. No.60854 of 2025(7) dt.11-02-2026
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          the informant executed 17 decimal of land in the name of the

          petitioner.

                        4. Learned APP appearing on behalf of the State and

          learned counsel for the informant submitted that the matter

          primarily relates to demand of money and execution of sale-

          deed between the parties and for amicable settlement of dispute

          between the parties outside the Court, the matter can be referred

          for mediation and a chance may be given to the parties for

          amicable settlement of the dispute outside the court.

                        5. Learned counsel appearing on behalf of the

          informant, on instructions, submitted that the the informant has

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

          on 18.02.2026.

                        6. Heard the parties

                        7. Having considered the rival submissions made on

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

          allegation as alleged in the FIR, I find that the matter can be

          settled amicably between the parties. The statement of the

          informant has been recorded under Section 183 of BNSS, in

          which she has admitted that she being an adult was in

          relationship with the petitioner and the petitioner for getting

          married with her demanded dowry and forced her father to
Patna High Court CR. MISC. No.60854 of 2025(7) dt.11-02-2026
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          execute 17 decimal of land in his favour and thereafter again the

          allegation is that the petitioner forced the informant, as well as,

          her father and other family members to make payment of Rs.15

          lac though the informant has not admitted that she performed

          ‘Nikah’ with the petitioner but it is apparent from the records,

          as well as, evidences collected in course of the investigation that

          the petitioner, informant and their family members were known

          to each other and in the same course, the execution of sale-deed

          took place to maintain relationship between the petitioner and

          the informant.

                       8 Today, the petitioner is unrepresented.

                       9. However, Mr. Sandeep Jha, learned counsel has

          tendered his appearance on behalf of the informant and he has

          submitted that the matter can be settled outside the court by way

          of mediation and Mr.Ashok Kumar Jha, learned APP has also

          reiterated the same.

                       10. In absence of the petitioner, this Court also finds

          that the dispute can be settled between the parties outside the

          court.

                       11. The informant has willingly desired to appear

          before the learned District Court on 18.02.2026 at 10.30 A.M.

          so that the matter can be referred to the District Mediation
Patna High Court CR. MISC. No.60854 of 2025(7) dt.11-02-2026
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          Centre.

                       12. The Superintendent of Police, Nawada is directed

          to get the whereabouts of the petitioner and produce him in the

          court on 18.02.2026 and in case of failure, the learned district

          court may proceed to issue notice to the petitioner, so that he

          may appear before the learned district court and matter can be

          proceeded for negotiation outside the court.

                       13. After appearance of both the parties, the learned

          District Court shall 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”.

                       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 three 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, the petitioner is required to be

          released on pre-arrest bail on such terms and conditions as the
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          learned District Court deems it fit and proper.

                       16. In case of failure on the part of the petitioner to

          appear on 18.02.2026 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. If the petitioner is not in a position to continue

          with the relationship, he will return the land to the father of the

          informant.

                       21.    With aforesaid direction and observation, the

          present application stands disposed of.

                       22. Let a copy of this order be communicated to the
            Patna High Court CR. MISC. No.60854 of 2025(7) dt.11-02-2026
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                      District Legal Services Authority/Patna High Court Mediation

                      Centre for the purpose of record of nation for mediation 2.0.



                                                (Purnendu Singh, J)
chn/-

U       T


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