Masud Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92091 of 2025 Arising Out of PS. Case No.-414 Year-2025 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Masud Alam son of Majebul Rahman@ Mojibur Rahman Resident of Village -Bherbheriya Panchayat Haldikhora Ward No 3, PS -Kochadhaman, Distt -Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Sinha, Advocate.
For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Kochadhaman P.S. Case No. 414 of 2025 registered for the offence punishable under Sections 115(2), 126(2), 127(2), 64(1), 352, 351(2) and 3(5) of BNS.
3. As per the allegation made in the F.I.R., the petitioner established physical relation with the informant many times on the pretext of marriage and refused to marry with her. The accused persons also abused and assaulted the parents of the informant.
4. A compromise petition has been filed before the
2/4 Principal District and Sessions Judge, Kishanganj. A certified copy of the said unsigned compromise petition has been brought on record by way of Annexure P/2.
5. Learned District Court is directed to see whether the parties have entered into settlement and have also performed court marriage. If the parties don't have any grudge against each other and want to forget the hatred which arosed between them for any compelling reason, then they should be allowed to live together as per their own wishes.
6. Learned counsel appearing on behalf of the petitioner informs that he has received instruction that the petitioner will appear on 12.02.2026 at 10:30 AM along with the informant Shavinaj Pravin or in alternative, if the informant refuses to accompany the petitioner, in that case, notice is required to be issued by the learned District Court so that a chance be given to them to settle their dispute outside the court to give effect to "Mediation for the Nation 2.0" by considering the provision of the Mediation Act, 2023.
7. 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
3/4 within a period of three months, till then, no coercive action shall be taken against the petitioner in connection with the aforesaid case.
8. 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.
9. In case of failure on the part of the petitioner to appear on 12.02.2026 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.
10. 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.
11. 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.
12. If both the parties arrive at amicable settlement, then they must withdraw the criminal cases, if any, which they have lodged against each other.
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13. With aforesaid direction and observation, the present application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T