Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- BNS — s. 69
- Mediation Act, 2023
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
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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
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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
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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
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