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Patna High Court

Ranju Devi @ Rinju DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, given the parties’ willingness to settle the land dispute amicably, the proceedings should be stayed and the petitioners granted pre‑arrest bail, with the matter referred to the District Mediation Centre.

Summary

Ranju Devi and Sipahi Yadav sought protection from arrest in a case (PS Yogapatti Case No. 340 of 2025) involving multiple sections of the Bihar Negotiable Statutes, alleging they were falsely implicated in a land‑related dispute. The prosecution alleged assault, attempt to outrage modesty and other offences, while the petitioners claimed innocence and expressed willingness to settle the dispute amicably. The court, referring to the Supreme Court’s decision in Naushey Ali v. State of Uttar Pradesh (2025) 4 SCC 78, held that the matter could be resolved through mediation and that proceeding with trial would be futile. Accordingly, the court directed the petitioners to appear before the District Court and the District Mediation Centre, granting interim protection and pre‑arrest bail pending settlement. The application was disposed with directions for mediation and possible withdrawal of criminal cases upon amicable settlement.

Issues considered

  • The appropriateness of granting pre‑arrest bail and interim protection to the petitioners pending an amicable settlement.
  • Whether the serious charges, including sections analogous to attempt to murder, can be stayed on account of a private settlement.
  • Whether the court may refer the criminal dispute to mediation under the principles laid down by the Apex Court.

Legislation cited

Subjects

  • amicable settlement
  • pre‑arrest bail
  • mediation
  • criminal procedure
  • land dispute
  • quashing proceedings
  • Section 307 IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89344 of 2025
                  Arising Out of PS. Case No.-340 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
           1.     Ranju Devi @ Rinju Devi, (Female), aged about 45 years, wife of Sipahi
                  Yadav
           2.    Sipahi Yadav, (Male), aged about 46 years, son of Banarsi Yadav,
                 Both are Resident of village- Darwalia, Ps- Yogapatti, Dist- West
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manaur Alam, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   28-01-2026                                Heard Mr. Manaur Alam, learned counsel

                   appearing on behalf of the petitioners and Mr. Jitendra Kumar

                   Singh, learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in connection

                   with Yogapatti P.S. Case No. 340 of 2025 registered under

                   Sections 115(2), 126(2), 118(1), 303(2), 74, 109(1), 352 and

                   3(5) of the BNS.

                                3. The prosecution's story in brief is that petitioners

                   along with other accused persons had assaulted the informant

                   causing head injury and had also tried to outrage the modesty of

                   the informant.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.89344 of 2025(2) dt.28-01-2026
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          petitioners submitted that the petitioners are innocent and they

          have falsely been implicated in the present case. Both the parties

          were involved in free fight with respect to a piece of land.

          However, learned counsel submitted that both the parties are

          next door neighbour and dispute, which primarily relates to

          allegation under Section 109 BNSS, can be resolved by way of

          amicable settlement outside the Court in light of the law laid

          down by the Apex Court in the case of Naushey Ali & Ors. Vs.

          State of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78.

                       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 petitioners have

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

          on 17.02.2026.

                       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

          required to be given to the parties to settle their score amicably

          outside the Court.
Patna High Court CR. MISC. No.89344 of 2025(2) dt.28-01-2026
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                          9. In this regard, I find it apt to take note of the

          observation made by the Apex Court recently in case of

          Naushey Ali (supra), in paragraph nos. 11 to 20, which are

          reproduced hereinafter:

                                                “11. Before we apply this judgment to
                                  the facts, it will be worthwhile to recall the
                                  observations of Sikri, J. in Narinder Singh
                                  (supra):-
                                  "26. Having said so, we would hasten to add that
                                  though it is a serious offence as the accused
                                  person(s) attempted to take the life of another
                                  person/victim, at the same time the court cannot be
                                  oblivious to hard realities that many times whenever
                                  there is a quarrel between the parties leading to
                                  physical commotion and sustaining of injury by
                                  either or both the parties, there is a tendency to give
                                  it a slant of an offence under Section 307 IPC as
                                  well..."
                                                                   (Emphasis supplied)
                                  12. Coming back to Laxmi Narayan (supra), this
                                  Court has held that mere mention of Section 307
                                  IPC in the FIR or the charge-sheet should not be the
                                  basis for adopting a hands-off approach. It has
                                  further held that it would be open for the court to
                                  examine as to whether incorporation of Section 307
                                  IPC is there for the sake of it or whether there is
                                  evidence to back it. It has been held that the courts
                                  may go by the nature of injuries sustained; as to
                                  whether the injuries are inflicted on the vital/
                                  delicate parts of the body and the nature of weapon
                                  used. It has also been clarified that such an exercise
                                  would be permissible after investigation and filing
                                  of chargesheet/framing of charges or during the
                                  trial. [See 15.4 of Laxmi Narayan (supra)].
                                  13. Coming to the facts of the case, admittedly, there
                                  is a settlement between the parties. The case filed by
                                  the appellants' party which was prior in point of
                                  time and that too on the same day of occurrence,
                                  has been settled.
                                  14. It should be recalled that, at the outset, after
                                  investigation, the police actually closed the case in
                                  its final report of 07.09.1991. It was the trial Court,
                                  which by its order of 05.09.1992, refused to accept
                                  the same and summoned the appellants. The
Patna High Court CR. MISC. No.89344 of 2025(2) dt.28-01-2026
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                                  incident is of 11.08.1991, i.e. about 33½ years back.
                                  No doubt, there is a reference to the firing in the FIR
                                  but admittedly there was no injury. The allegation is
                                  that firing was done by Abdul Waris. He is since
                                  deceased. The facts, assuming to be true, also do not
                                  make out a case of common object for the appellants
                                  under Section 149 IPC insofar as the offence of
                                  Section 307 is concerned.
                                  15. The role attributed to the seven members,
                                  including the five appellants is not specific. General
                                  allegation was that they abused in filthy language
                                  and assaulted Mahmood with lathi and iron bars.
                                  The specific individual role was only attributed to
                                  Adbul Waris, who is since deceased.
                                  16. In any event, the police who investigated
                                  disbelieved the entire story. No recoveries have been
                                  made of any pellets. What engaged the attention of
                                  the High Court was only the fracture of the head of
                                  the distal phalanx of left finger of respondent No.2.
                                  17. We have seen the injuries sustained by
                                  Mahmood (R-2) from the medical evidence
                                  collected. From the injury report, it is clear that
                                  while the first four injuries were contusions and
                                  abrasions, injury Nos. 5, 6 and 7 pertained to
                                  incised lacerated wound and swelling on the middle
                                  finger of the left hand. We have also seen the x-ray
                                  report which shows that in the left hand there was a
                                  fracture of the head of distal phalanx of left ring
                                  finger. Assuming that this was the result of injury
                                  with lathis or iron bar, applying the test in Laxmi
                                  Narayan (supra), considering the injury and the
                                  nature of the weapon used, certainly no offence
                                  under Section 307 IPC is made out.
                                  18. Section 307 of IPC reads as under:-
                                  "307. Attempt to murder.-
                                  Whoever does any act with such intention or
                                  knowledge, and under such circumstances that, if he
                                  by that act caused death, he would be guilty of
                                  murder, shall be punished with imprisonment of
                                  either description for a term which may extend to
                                  ten years, and shall also be liable to fine; and if hurt
                                  is caused to any person by such act, the offender
                                  shall be liable either to imprisonment for life, or to
                                  such punishment as is hereinbefore mentioned.
                                  Attempts by life convicts.- When any person
                                  offending under this section is under sentence of
                                  imprisonment for life, he may, if hurt is caused, be
                                  punished with death."
Patna High Court CR. MISC. No.89344 of 2025(2) dt.28-01-2026
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                                  19. Keeping in mind the surrounding circumstances,
                                  the nature of the weapon and the nature of the
                                  injury, on facts, we are inclined to conclude that the
                                  overt act attributed to the appellants does not bring
                                  the case within the four corners of the Section 307
                                  of IPC, either on a stand-alone basis or as held
                                  above with the aid of Section 149 of IPC.
                                  20. We are also inclined to conclude that
                                  considering the overall circumstances, the nature of
                                  the weapon and the nature of the injury (fracture of
                                  the head of distal phalanx of left ring finger), the
                                  offence alleged, on facts, does not fall in that
                                  category of cases where the court should deny relief
                                  in the event of a settlement. At the highest, the
                                  offence alleged could be one under Section 326 of
                                  IPC. It could not be said, on facts, considering all
                                  the circumstances that this is a crime which has
                                  such an harmful effect on the public and that it has
                                  the effect of seriously threatening the well-being of
                                  the society. We make it clear that we are saying so
                                  on the facts of the present case. We are also firmly of
                                  the opinion that proceeding with the trial, when
                                  parties have amicably resolved the dispute in the
                                  present case, would be futile and the ends of justice
                                  require that the settlement be given effect to by
                                  quashing the proceedings. It would be a grave abuse
                                  of process to let this trial remain pending under the
                                  above circumstances, particularly when the dispute
                                  is settled and resolved.”



                       10. The petitioners have willingly desired to appear

          before the learned District Court on or before 17.02.2026, 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
Patna High Court CR. MISC. No.89344 of 2025(2) dt.28-01-2026
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          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 petitioners 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 petitioners are 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 17.02.2026 before the learned District Court or any

          date fixed by the learned Mediator, the interim protection

          granted to the petitioners 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 petitioners 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,

          petitioners are directed to be released on pre-arrest bail on such
              Patna High Court CR. MISC. No.89344 of 2025(2) dt.28-01-2026
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                        terms and conditions as the learned District Court deems it fit

                        and proper.

                                     17. If both the parties arrive at amicable settlement,

                        then they must withdraw the criminal cases, if any, which they

                        have lodged against each other.

                                     18.    With aforesaid direction and observation, the

                        present application stands disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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