Patna High Court
Masud AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted interim pre‑arrest bail conditioned on mediation and directed the District Court to release the petitioner on bail if settlement is achieved or on appropriate terms.
Summary
The petitioner, Masud Alam, applied for pre‑arrest bail in a criminal case (PS‑Case No. 414 of 2025) involving offences under Sections 115(2), 126(2), 127(2), 64(1), 352, 351(2) and 3(5) of the Bihar Negotiable Statutes. The FIR alleged that the petitioner had repeatedly pretended to marry the informant, later refused to do so, and assaulted her parents. The petitioner sought bail on the condition that the parties attempt settlement through mediation under the Mediation Act, 2023. The High Court directed the District Court to facilitate mediation, allowing the petitioner interim protection from coercive action, and to release him on bail if a settlement is reached or on terms the District Court deems fit. The Court also stipulated that failure to appear before the mediator would cause the interim protection to lapse, and that any amicable settlement would require withdrawal of the criminal case. The application was consequently disposed of with these directions.
Issues considered
- Whether pre‑arrest bail may be granted pending mediation in a criminal case under the BNS provisions.
- Whether the court can condition bail on the parties’ participation in mediation under the Mediation Act, 2023.
- Whether the interim protection can be withdrawn automatically upon non‑appearance before the mediator.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 127(2), 3(5), 351(2), 352, 64(1)
- Mediation Act, 2023
Subjects
- pre‑arrest bail
- mediation
- criminal procedure
- Bihar Negotiable Statutes
- Mediation Act 2023
- settlement
- court‑ordered bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92091 of 2025
Arising Out of PS. Case No.-414 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Masud Alam son of Majebul Rahman@ Mojibur Rahman Resident of Village
-Bherbheriya Panchayat Haldikhora Ward No 3, PS -Kochadhaman, Distt
-Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Sinha, Advocate.
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Kochadhaman P.S. Case No. 414 of 2025 registered for the
offence punishable under Sections 115(2), 126(2), 127(2), 64(1),
352, 351(2) and 3(5) of BNS.
3. As per the allegation made in the F.I.R., the
petitioner established physical relation with the informant many
times on the pretext of marriage and refused to marry with her.
The accused persons also abused and assaulted the parents of
the informant.
4. A compromise petition has been filed before the
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Principal District and Sessions Judge, Kishanganj. A certified
copy of the said unsigned compromise petition has been brought
on record by way of Annexure P/2.
5. Learned District Court is directed to see whether
the parties have entered into settlement and have also performed
court marriage. If the parties don’t have any grudge against each
other and want to forget the hatred which arosed between them
for any compelling reason, then they should be allowed to live
together as per their own wishes.
6. Learned counsel appearing on behalf of the
petitioner informs that he has received instruction that the
petitioner will appear on 12.02.2026 at 10:30 AM along with the
informant Shavinaj Pravin or in alternative, if the informant
refuses to accompany the petitioner, in that case, notice is
required to be issued by the learned District Court so that a
chance be given to them to settle their dispute outside the court
to give effect to “Mediation for the Nation 2.0” by considering
the provision of the Mediation Act, 2023.
7. 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
his/her report before the concerned learned District Court, well
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within a period of three months, till then, no coercive action
shall be taken against the petitioner in connection with the
aforesaid case.
8. In case, the parties resolve their dispute amicably or
arrive at a mutual settlement, 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.
9. In case of failure on the part of the petitioner to
appear on 12.02.2026 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.
10. 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.
11. 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.
12. If both the parties arrive at amicable settlement,
then they must withdraw the criminal cases, if any, which they
have lodged against each other.
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13. With aforesaid direction and observation, the
present application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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