Patna High Court
Md. NezamuddinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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
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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
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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
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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
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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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