Saif Ali @ Saif Ali Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28626 of 2026 Arising Out of PS. Case No.-185 Year-2025 Thana- AMNAUR District- Saran ====================================================== Saif Ali @ Saif Ali Khan S/o Hasan Miya @ Md. Hasan Miyan Resident of Village - Aphar, P.S. - Amnour, Dist.- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/o YYY Resident of Village - Sonbarsa Chitaman, P.S. - Maker, Dist. - Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP.

For O.P. No.2 :

Mr. Rajesh Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-07-2026 Heard learned counsel appearing on behalf of the petitioner; learned APP for the State and learned counsel for the O.P. No.2.

2. The petitioner seeks pre-arrest bail in connection with Amnour P.S. Case No. 185 of 2025 registered for the offence punishable under Sections 81, 64(1), 137(2), 96, 126(2) and 115(2) of the BNS.

3. As per the allegations made in the F.I.R., the petitioner is alleged to have established physical relationship with the informant on the pretext of marriage and subsequently refused to marry her.

4. Learned counsel appearing on behalf of the

2/4 petitioner submitted that the petitioner has renewed his anticipatory bail on the ground that the victim has become adult and in this regard specific information is contained in Para-10 of the bail application.

5. Mr. Rajesh Kumar, learned counsel tendered his appearance on behalf of the O.P. No. 2 and submitted that the victim has attained majority and she has agreed to marry with the petitioner. He further submitted that a chance be given to the parties for amicable settlement outside the court.

6. Learned counsel appearing on behalf of the parties, on instructions, submitted that the parties have agreed to appear before the learned District Court at 10:30 A.M. on or before 24.07.2026.

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 F.I.R., I am of the opinion that an opportunity is required to be given to the parties to settle their score amicably outside the Court.

9. Both the parties have willingly desired to appear before the learned District Court on or before 24.07.2026, so that the matter can be referred to the District Mediation Centre.

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10. Learned District Court is directed to take necessary steps to 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 for the Nation 2.0".

11. 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 within a period of four months, till then, no coercive action shall be taken against the petitioner in connection with the aforesaid case.

12. 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.

13. In case of failure on the part of the petitioner to appear on or before 24.07.2026 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.

14. In case, it is deliberate on the part of the O.P. No.2 to reconcile, then in that case, the interim protection granted to the petitioner shall continue and the trial shall proceed in

4/4 accordance with law.

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

16. 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