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Patna High Court

Bhaskar Kumar @ Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.6372 of 2026(4) dt.15-04-2026
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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
Patna High Court CR. MISC. No.6372 of 2026(4) dt.15-04-2026
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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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