Created by Fuzzy Cloud

Patna High Court

Mithun KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted conditional pre‑arrest bail and directed referral of the dispute to mediation under the Mediation Act, 2023.

Summary

Mithun Kumar was arrested under Section 69 of the BNS following a complaint by Pushpa Kumari, who alleged that he had caused her pregnancy after a consensual relationship and then denied responsibility. The petitioner applied for pre‑arrest bail, asserting his innocence and a clean record, and both parties expressed a desire to settle the dispute amicably. The High Court, relying on the Supreme Court’s decision in Naim Ahmed v. State (NCT of Delhi), directed that the matter be referred to mediation under the Mediation Act, 2023. An interim pre‑arrest bail was granted, conditioned on the petitioner’s appearance before the District Court or mediator by a specified date, with the protection lapsing upon non‑appearance. The Court ordered the mediator to attempt settlement within three months and stipulated that if reconciliation occurs, bail would continue; otherwise, the petitioner would still be released on bail subject to the District Court’s terms. The application was subsequently disposed.

Issues considered

  • Whether pre‑arrest bail can be granted pending mediation in a case under Section 69 of the BNS.
  • Whether the Mediation Act, 2023 can be invoked to facilitate settlement in a criminal matter involving alleged consensual relations and pregnancy.

Legislation cited

Subjects

  • pre‑arrest bail
  • mediation
  • settlement
  • Section 69 BNS
  • Criminal Procedure Code
  • Mediation Act 2023
  • consensual relationship
  • pregnancy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6433 of 2026
                     Arising Out of PS. Case No.-36 Year-2025 Thana- MAHILA P.S. District- Bhagalpur
                 ======================================================
                 Mithun Kumar, aged about 25 years, Male, Son of Phello Singh @ Fello
                 Singh Resident of Village- Mohanpur, Gayaghatta, Mathurapur, Inglish, P.S.-
                 Kahalgaon, District- Bhagalpur                          ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Pushpa Kumari D/o- Jiccho Mahaldar Resident of Gorattha PS- Bhudhuchak
                  (Kahalgaon) District- Bhagalpur
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ankit Raj, Advocate
                 For the Opposite Party/s :        Mr. Dr. Ajeet Kumar, APP
                 For the informant        :        Mr. Swapnil Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
5   05-05-2026                      Heard Mr. Ankit Raj, learned counsel appearing on

                   behalf of the petitioner; Mr. Dr. Ajeet Kumar, learned APP for

                   the State and Mr. Swapnil Kumar Singh, learned counsel for the

                   informant.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bhagalpur Mahila P.S. Case No. 36 of 2025 registered for

                   the offence(s) punishable under Sections 69 of the BNS.

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

                   informant/victim alleged that she was in a relationship with the

                   petitioner for about two years, during which he established

                   physical relations with her on the promise of marriage.

                   Subsequently, when she pressed for marriage, the petitioner

                   refused. In the meantime, she was married to another person,

                   and upon medical examination, it was revealed that she was
Patna High Court CR. MISC. No.6433 of 2026(5) dt.05-05-2026
                                            2/4




          pregnant. She disclosed that the petitioner was responsible for

          her pregnancy, but he denied the same and absconded, leading

          to institution of the present case.

                        4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. From perusal of the FIR, it

          is apparent that both parties were in relationship for quite some

          time and enjoyed each other’s company for years together and

          when the relationship developed, both the parties were major,

          however, when their relationship deteriorated, the informant

          lodged the present FIR. The relationship was consensual. In this

          regard, learned counsel has placed reliance upon a judgment of

          the Apex Court in case of Naim Ahmed Vs. State (NCT of

          Delhi), reported in 2023 SCC Online SC 89. Petitioner has

          clean antecedent. However, on instruction,          learned counsel

          submitted that to buy peace of mind, petitioner wants to settle

          the dispute amicably outside the Court.

                        5. Learned counsel appearing on behalf of the

          informant and learned APP appearing on behalf of the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       6. Counsel for the petitioner and informant on
Patna High Court CR. MISC. No.6433 of 2026(5) dt.05-05-2026
                                            3/4




          instructions, submitted that the petitioner and informant agreed

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

          before 14.05.2026.

                       7. Heard the parties

                       8. Considering the aforesaid submissions made on

          behalf of the parties that they want to settle the dispute outside

          the Court, learned District Court is directed to examine the

          matter for mediation in light of the law laid down by the Apex

          Court in the case of Naim Ahmed (Supra) and refer the matter

          under the provision of Mediation Act, 2023 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.”

                       9. Thereafter, learned Mediator of the District

          Mediation Center concerned shall make his/her best efforts to

          settle the dispute amicably and 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.

                       10. 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 above, the petitioner is required to

          be released on pre-arrest bail on such terms and conditions as
           Patna High Court CR. MISC. No.6433 of 2026(5) dt.05-05-2026
                                                       4/4




                     the learned District Court deems it fit and proper.

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

                     appear on or before 14.05.2026 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.

                                  12.     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.

                                  13. 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.

                                  14.    With aforesaid direction and observation, the

                     present application stands disposed of.

                                  15. Let a copy of this order be communicated to the

                     Member Secretary, Bihar State Legal Services Authority and the

                     Patna High Court Mediation Centre for the purpose of record.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.