Patna High Court
Bhaskar Kumar @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court granted interim pre‑arrest bail, subject to the parties’ appearance before the District Court and mediation, and disposed of the application.
Summary
Bhaskar Kumar applied for pre‑arrest bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, alleging that he had captured obscene material of the complainant, extorted money, trespassed, assaulted and intimidated her. The petitioner contended that the allegations stemmed from a prior financial dispute, that the relationship was consensual, and that he sought an amicable settlement. The State opposed bail but agreed to consider mediation. The Court, relying on the Supreme Court’s observations in State of U.P. v. Anirudh & Anr., noted the consensual nature of the relationship as a relevant factor and directed the matter to the District Mediation Centre, granting interim pre‑arrest bail conditioned on the parties’ appearance and mediation. The Court ordered that if mediation succeeds, the bail be formalised, and if the petitioner fails to appear, the interim protection would lapse. The application was consequently disposed.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged sexual exploitation, extortion, and violent offences under the Bharatiya Nyaya Sanhita.
- Whether the consensual nature of the parties' relationship and the prospect of amicable settlement justify granting bail.
- Whether the Court can condition bail on mediation and appearance before the District Court.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 308(2), 308(3), 3(5), 351(2), 352, 64
Subjects
- pre‑arrest bail
- mediation
- consensual relationship
- Bharatiya Nyaya Sanhita
- sexual exploitation
- extortion
- criminal settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6372 of 2026
Arising Out of PS. Case No.-516 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Bhaskar Kumar @ Chandan Kumar Son of Lal Babu Sah @ Lalbabu Sah R/o
Village - Banchauri, P.S.- Dumra, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindhyachal Singh, Sr. Advocate
Mr.Dipak Kumar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 15-04-2026 Heard Mr. Bindhyachal Singh, learned Senior
counsel along with Mr. Dipak Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Shailendra Kumar Singh,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Dumra P.S. Case No. 516/2025 registered for the offence(s)
punishable under Sections 126(2), 115(2), 64, 308(2), 308(3),
352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the allegations made in the FIR, the
petitioner, not only captured obscene material of the informant
and used the same to exploit her for sexual relations and extort
money, but also unlawfully trespassed into her premises, used
criminal force, assaulted and caused hurt, and criminally
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intimidated her.
4. Learned Senior counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the present case. The allegations
made in the FIR are arising out of a prior dispute regarding
payment of dues, and the present case is a counterblast to the
complaint case already instituted by the petitioner. The
relationship between the parties, as per the informant’s own
version, was consensual in nature. Learned Senior counsel
further submitted that to buy peace of mind, petitioner wants to
settle the dispute amicably outside the Court.
5. Learned APP appearing on behalf of the State
submitted that a chance be given to the parties for amicable
settlement outside the court.
6. Learned counsel appearing on behalf of the
petitioner, on instructions, submitted that the petitioner has
agreed to appear before the learned District Court at 10:30 A.M.
on 04.05.2026.
7. Heard the parties
8. 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 an opportunity is
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required to be given to the parties to settle their score amicably
outside the Court.
9. In this regard, this Court deems it appropriate to
take note of the observations made by the Apex Court in State
of U.P. vs. Anirudh & Anr. reported in 2026 LiveLaw(SC)29,
wherein it has been observed that where the relationship
between the parties appears to be consensual and founded on
mutual affection, the same is a relevant factor while considering
matters relating to bail. In the present case, the victim, in her
statement, has indicated that she had accompanied the petitioner
on her own.
10. The petitioner has willingly desired to appear
before the learned District Court on or before 04.05.2026, 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 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
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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.
13. 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, 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.
14. In case of failure on the part of the petitioner to
appear on 04.05.2026 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.
15. 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.
16. 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.
17. If both the parties arrive at amicable settlement,
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then they must withdraw the criminal cases, if any, which they
have lodged against each other.
18. If both the parties arrive at an amicable settlement,
they shall withdraw the criminal cases, if any, instituted against
each other in their own interest.
19. With aforesaid direction and observation, 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, as
well as, the Secretary, District Legal Services Authority
(DLSA), Sitamarhi for the purpose of record.
(Purnendu Singh, J)
Ashishsingh/-
U T
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