Patna High Court
Amrendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court provisionally granted pre‑arrest bail and ordered mediation under the Mediation Act, 2023, making the bail absolute upon successful settlement.
Summary
The petitioner, Amrendra Kumar, applied for pre‑arrest bail in a criminal case alleging assault, kidnapping and related offences under the Bihar Negotiable Statutes (BNS). The FIR alleges that he had an illicit relationship with his sister‑in‑law and participated in assaulting her. The petitioner contended he was falsely implicated, was not present at the alleged incident, and that the dispute stemmed from family discord over his brother's illness. Both parties expressed willingness to settle the matter through mediation. The High Court directed the District Court to grant provisional bail pending mediation under the Mediation Act, 2023, and to make the bail absolute if an out‑of‑court settlement is reached, thereby disposing of the bail application.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged offences under Sections 115(2), 109, 352, 351(3), 64(1) and 61(2) of the BNS.
- Whether the private, domestic nature of the dispute justifies referral to mediation under the Mediation Act, 2023.
- Whether the petitioner’s claim of innocence and non‑presence at the alleged incident affect the bail decision.
Legislation cited
- Bihar Negotiable Statutes — s. 109, 115(2), 351(3), 352, 61(2), 64(1)
- Mediation Act, 2023
Subjects
- pre‑arrest bail
- mediation
- domestic dispute
- assault
- Bihar criminal law
- Mediation Act 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9488 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Amrendra Kumar Son of Shiv Kumar Ram Resident of Village- Nagdaha,
P.S.- Malahi, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mrs. X
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra, Advocate.
For the Opposite Party/s : Mr.Shailendra Kumar, APP.
For the Informant : Mr. Upendra Prasad Singh, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-05-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP for the State and learned counsel for the
informant.
2. The petitioner seeks pre-arrest bail in connection
with Malahi P.S. Case No. 192 of 2025 registered for the
offence punishable under Sections 115(2), 109, 352, 351(3),
64(1) and 61(2) of the BNS.
3. As per the allegation made in the F.I.R., the
informant/victim was married to co-accused Dharmendra
Kumar about four years ago, who is said to be suffering from
serious illness. It is alleged that the petitioner, Amrendra Kumar,
who is the brother-in-law (dewar) of the victim established
physical relations with her on the false promise of marriage and
Patna High Court CR. MISC. No.9488 of 2026(3) dt.06-05-2026
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later refused to marry her. It is further alleged that on
08.04.2025, the petitioner along with other co-accused persons
abused, assaulted and ousted the victim out of the house.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has been
falsely implicated in the present case. It has been contended that
the informant is the petitioner’s own sister-in-law (bhabhi), and
therefore the allegation pertaining to any illicit relationship is
wholly improbable and unsustainable. Learned counsel further
submitted that the petitioner, who is aged about 20 years and is
presently pursuing his studies, was not present at the place of
occurrence at the relevant point of time and has never subjected
the informant to any assault or ill-treatment.
5. Learned counsel further submitted that the present
dispute has arisen from personal and domestic discord arising
out of the prolonged illness of the petitioner’s brother, who
happens to be the husband of the informant. Learned counsel,
upon instructions and in presence of Mr. Upendra Prasad Singh,
learned counsel appearing on behalf of the informant, further
submitted that since the dispute is purely private in nature,
having no adverse impact upon society or public interest at
large, the parties are willing to explore the possibility of an
Patna High Court CR. MISC. No.9488 of 2026(3) dt.06-05-2026
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amicable settlement through mediation outside the Court.
6. Considering the desire of the parties, learned
District Court is directed to release the petitioner on pre-arrest
bail provisionally, till the mediation concludes on such terms
and conditions as the learned District Court deems fit and proper
and refer the matter for mediation to be carried out in
accordance with Mediation Act, 2023 to give effect to
“Mediation for the Nation 2.0”.
7. If the parties resolve their dispute outside the Court,
the provisional bail granted to the petitioner shall be made
absolute.
8. With aforesaid direction and observation, the
present application stands disposed of.
9. 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)
mantreshwar/-
U T
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