Md. Nezamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60854 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- Bundelkhand P.S. District- Nawada ====================================================== Md. Nezamuddin Son of Md. Abul Kalam R/o Chhota Sheikhpura, P.S.- Narhat, Distt.- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anisha Praveen Daughter of Md. Raza Asharfi R/o Sonsihari, P.S.- Muffasil, Distt.- Nawada.

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

For the Petitioner/s :

None For the informant :

Mr.Sandeep Jha, Advocate Mr.Rajguru Prasad, Advocate Mr.Aditya Jha, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-02-2026 No one appears on behalf of the petitioner. However, Mr. Sandeep Jha along with Mr. Rajguru Prasad and Mr. Aditya Jha, learned counsels appearing on behalf of the informant and Mr. Ashok Kumar Singh, learned APP for the State is present.

2. Petitioner seeks pre-arrest bail in connection with Bundelkhand P.S.Case No.47 of 2025, registered for the offences punishable under Sections 70(1), 61(2), 318(4) and 3(5) of BNS.

3. As per the allegation made in the FIR, the petitioner demanded Rs.15 lac from the father of the informant on the pretext of getting married with the informant and the father of

2/6 the informant executed 17 decimal of land in the name of the petitioner.

4. Learned APP appearing on behalf of the State and learned counsel for the informant submitted that the matter primarily relates to demand of money and execution of saledeed between the parties and for amicable settlement of dispute between the parties outside the Court, the matter can be referred for mediation and a chance may be given to the parties for amicable settlement of the dispute outside the court.

5. Learned counsel appearing on behalf of the informant, on instructions, submitted that the the informant has agreed to appear before the learned District Court at 10:30 A.M. on 18.02.2026.

6. Heard the parties

7. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation as alleged in the FIR, I find that the matter can be settled amicably between the parties. The statement of the informant has been recorded under Section 183 of BNSS, in which she has admitted that she being an adult was in relationship with the petitioner and the petitioner for getting married with her demanded dowry and forced her father to

3/6 execute 17 decimal of land in his favour and thereafter again the allegation is that the petitioner forced the informant, as well as, her father and other family members to make payment of Rs.15 lac though the informant has not admitted that she performed 'Nikah' with the petitioner but it is apparent from the records, as well as, evidences collected in course of the investigation that the petitioner, informant and their family members were known to each other and in the same course, the execution of sale-deed took place to maintain relationship between the petitioner and the informant.

8 Today, the petitioner is unrepresented.

9. However, Mr. Sandeep Jha, learned counsel has tendered his appearance on behalf of the informant and he has submitted that the matter can be settled outside the court by way of mediation and Mr.Ashok Kumar Jha, learned APP has also reiterated the same.

10. In absence of the petitioner, this Court also finds that the dispute can be settled between the parties outside the court.

11. The informant has willingly desired to appear before the learned District Court on 18.02.2026 at 10.30 A.M. so that the matter can be referred to the District Mediation

4/6 Centre.

12. The Superintendent of Police, Nawada is directed to get the whereabouts of the petitioner and produce him in the court on 18.02.2026 and in case of failure, the learned district court may proceed to issue notice to the petitioner, so that he may appear before the learned district court and matter can be proceeded for negotiation outside the court.

13. After appearance of both the parties, the learned District Court shall 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".

14. 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 three months, till then, no coercive action shall be taken against the petitioner in connection with the aforesaid case.

15. 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

5/6 learned District Court deems it fit and proper.

16. In case of failure on the part of the petitioner to appear on 18.02.2026 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.

17. 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.

18. 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.

19. If both the parties arrive at amicable settlement, then they must withdraw the criminal cases, if any, which they have lodged against each other.

20. If the petitioner is not in a position to continue with the relationship, he will return the land to the father of the informant.

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

22. Let a copy of this order be communicated to the

6/6 District Legal Services Authority/Patna High Court Mediation Centre for the purpose of record of nation for mediation 2.0. (Purnendu Singh, J) chn/- U T