Md. Nadim @ Md. Nadim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41769 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- MAHILA P.S. District- Araria ====================================================== Md. Nadim @ Md. Nadim Akhtar, Male, aged about 25 years, S/o Md. Hannan Resident of Prasadpur Dumaria, Ward No. 10, P.S.- Mohalgaw, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP For the informant :

Mr. Ranjeet Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2025 Heard Mr. Md. Helal Ahmad, learned counsel appearing on behalf of the petitioner and Mr.Parmanand Kumar, learned APP for the State and Mr. Ranjeet Choubey, learned counsel for the informant.

2. The petitioner seeks pre-arrest bail in connection with Mahila P.S. Case No. 22 of 2015 registered for the offence(s) punishable under Sections 126(2), 115(2), 69, 76, 352, 351(2), 351(3), 303(2) and 3(5) of the BNS and Sections 67 and 67A of IT (Amendment) Act.

3. As per the allegation made in the FIR, petitioner made physical relation with informant on the false promise of marriage for four years, and, thereafter, refused to marry. Further allegation is that the petitioner has also made her

Patna High Court CR. MISC. No.41769 of 2025(2) dt.16-07-2025 2/3 objectionable photographs viral.

4. At the outset, both the parties jointly informs that the law with regard to the issue involved in the present case has been discussed by the Apex Court in case of Naim Ahmed Vs. State (NCT of Delhi), reported in 2023 SCC Online SC 89. However, by way of indulgence, both the parties want to settle their strained relationship by way of mediation and they desire that the matter may be referred to the concerned District Mediation Center for amicable settlement between the parties, as the same will be in the benefit of both of them.

5. Considering the aforesaid submissions made on behalf of the parties, the petitioner and informant are directed to appear before the District Mediation Center concerned forthwith, so that they may resolve their strained relationship in any manner, which the learned Mediator finds it proper.

6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

7. It is admitted by the parties that petitioner and the informant were in continuous relationship for about four years. In the facts and circumstances of the case and also considering the law laid down by the Apex Court in case of Naim Ahmed (supra), the petitioner, above named, is directed to be released

Patna High Court CR. MISC. No.41769 of 2025(2) dt.16-07-2025 3/3 on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Mahila P.S. Case No. 22 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T