Suraj Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3584 of 2019 Arising Out of PS. Case No.-1405 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Suraj Singh, son of Gandhi Singh @ Ganeshi Prasad Singh, R/o villageSahora, Post Office- Madrauni, P.s- Rangra ( Gopalpur) ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kajal Devi, son of Suraj Singh, Presently residing at village- Pothia, P.O. Pothia, P.S. Falka, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jibendra Mishra, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case bearing C.A. No.1405 of 2017, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation against the petitioner is that he has subjected his wife for torture and harassment for demand of Rs.2,00,000/-. Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner and on S.A. she has stated that there was demand of Rs.50,000/-. Further submission is that he is still ready to keep her with dignity and care and considering the same, on appearance of opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, but the mediation failed. As per direction, petitioner has gone to take his wife to her

Patna High Court CR. MISC. No.3584 of 2019(4) dt.27-06-2019 2/2 house, but she refused to come and even before mediator she did not appear.

Heard learned counsel appearing on behalf of the opposite party no.2, who has opposed the same and stated that she was subjected to cruelty and tortured, in spite of that she is ready to go her Sasural, but she has failed to satisfy as to why she has not appeared before the mediation.

Having heard both sides, considering conduct of the opposite party no.2, the provisional bail granted to the petitioner vide order dated 25.01.2019 is confirmed with the condition that if any, maintenance case is filed by the opposite party no.2, the petitioner on personal service of notice, will co-operate in disposal of the maintenance case filed by the opposite party no.2 and will abide by any interim or final order passed by the Family Court. With the aforesaid observations, this application is allowed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T