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Patna High Court

Amrendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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