Bhaskar Kumar @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6372 of 2026 Arising Out of PS. Case No.-516 Year-2025 Thana- DUMRA District- Sitamarhi ====================================================== Bhaskar Kumar @ Chandan Kumar Son of Lal Babu Sah @ Lalbabu Sah R/o Village - Banchauri, P.S.- Dumra, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindhyachal Singh, Sr. Advocate Mr.Dipak Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-04-2026 Heard Mr. Bindhyachal Singh, learned Senior counsel along with Mr. Dipak Kumar, learned counsel appearing on behalf of the petitioner and Mr. Shailendra Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Dumra P.S. Case No. 516/2025 registered for the offence(s) punishable under Sections 126(2), 115(2), 64, 308(2), 308(3), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the allegations made in the FIR, the petitioner, not only captured obscene material of the informant and used the same to exploit her for sexual relations and extort money, but also unlawfully trespassed into her premises, used criminal force, assaulted and caused hurt, and criminally

2/5 intimidated her.

4. Learned Senior counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. The allegations made in the FIR are arising out of a prior dispute regarding payment of dues, and the present case is a counterblast to the complaint case already instituted by the petitioner. The relationship between the parties, as per the informant's own version, was consensual in nature. Learned Senior counsel further submitted that to buy peace of mind, petitioner wants to settle the dispute amicably outside the Court.

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 petitioner has agreed to appear before the learned District Court at 10:30 A.M. on 04.05.2026.

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

3/5 required to be given to the parties to settle their score amicably outside the Court.

9. In this regard, this Court deems it appropriate to take note of the observations made by the Apex Court in State of U.P. vs. Anirudh & Anr. reported in 2026 LiveLaw(SC)29, wherein it has been observed that where the relationship between the parties appears to be consensual and founded on mutual affection, the same is a relevant factor while considering matters relating to bail. In the present case, the victim, in her statement, has indicated that she had accompanied the petitioner on her own.

10. The petitioner has willingly desired to appear before the learned District Court on or before 04.05.2026, 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 concerned, upon appearance of the parties, shall make his/her best efforts to settle the dispute amicably and thereafter submit

4/5 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 petitioner 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 petitioner is required to be released on prearrest 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 04.05.2026 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.

15. 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.

16. 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.

17. If both the parties arrive at amicable settlement,

5/5 then they must withdraw the criminal cases, if any, which they have lodged against each other.

18. If both the parties arrive at an amicable settlement, they shall withdraw the criminal cases, if any, instituted against each other in their own interest.

19. With aforesaid direction and observation, the present application stands disposed of.

20. Let a copy of this order be communicated to the Member Secretary, Bihar State Legal Services Authority and the Patna High Court Mediation Centre, as well as, the Secretary, District Legal Services Authority (DLSA), Sitamarhi for the purpose of record.

(Purnendu Singh, J) Ashishsingh/- U T