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Patna High Court

Masud AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

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  • Whether the interim protection can be withdrawn automatically upon non‑appearance before the mediator.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

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
Patna High Court CR. MISC. No.92091 of 2025(2) dt.04-02-2026
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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
Patna High Court CR. MISC. No.92091 of 2025(2) dt.04-02-2026
                                            3/4




          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.
           Patna High Court CR. MISC. No.92091 of 2025(2) dt.04-02-2026
                                                       4/4




                                  13.    With aforesaid direction and observation, the

                     present application stands disposed of.


                                                               (Purnendu Singh, J)

mantreshwar/-

U      T


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