Patna High CourtCR. MISC./15520/2025disposed

Sanjay Kumar Balmiki v. The State Of Bihar

2025-09-15Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15520 of 2025 Arising Out of PS. Case No.-458 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Sanjay Kumar Balmiki Son of Late Bansilal Balmiki Resident of village - Gandhi Patha, Balmiki Nagar, Ward no. 8, Ps- Saharsa, Dist- Saharsa ... ... Petitioner/s

Versus

The State of Bihar 2.

Pintu Rajak, S/O- Mani Rajak R/O- Vill- Block Campus Ward No.- 19, Nagar Parishad Simri Bakhtiarpur, P.S.- Bakhtiarpur, Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rashmi Jha, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP For the O.P. No.2 :

Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-09-2025 Heard Ms. Rashmi Jha, learned counsel appearing on behalf of the petitioner; Ms. Nirmala Kumari, learned APP for the State and Mr. Sanjay Kumar Singh, learned counsel for the informant.

2. The petitioner seeks pre-arrest bail in connection with Bakhtiarpur P.S. Case No. 458 of 2024 registered for the offence(s) punishable under Sections 316(2),318(4),352,351(2) of the BNS and Section 138 of N.I. Act.

3. Learned counsel appearing on behalf of the respective parties without going into the technicality, whether the FIR is maintainable for the allegation made under Section 138 of N.I. Act, they have agreed to settle their dispute outside

Patna High Court CR. MISC. No.15520 of 2025(4) dt.15-09-2025 2/3 the Court as no purpose would be served, if the petitioner is sent behind the bar.

4. In view of the allegation made in the FIR, which relates to check bounce and in respect of similar fact and issue involved, the Apex Court in case of J. Vedhasingh Vs. R.M. Govindan (Criminal Appeal No.1678/2022) has referred the matter to be heard by a larger Bench.

5. However, considering the nature of allegation made in the F.IR. and desire of the parties, I find that the matter can be resolved outside the Court by way of mediation.

6. The petitioner and informant are directed to appear before the learned District Court on 23.09.2025 sharp at 10:30 AM.

7. Learned District Court is directed to take necessary steps to refer the matter before the learned Mediator of the District Mediation Center.

8. Learned Mediator of the District Mediation Center concerned shall make his/her best efforts to settle the dispute amicably and thereafter submit his/her report before the concerned learned District Court, well within a period of four months, till then, no coercive action shall be taken against the petitioner in connection with the aforesaid case.

Patna High Court CR. MISC. No.15520 of 2025(4) dt.15-09-2025 3/3

9. In case of failure on the part of the petitioner to appear on 23.09.2025 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, the parties fail to reconcile, then in that case, parties may avail appropriate remedy.

11. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J) Sanjay/- U T