Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1676 of 2020 Arising Out of PS. Case No.-234 Year-2019 Thana- KONCH District- Gaya ====================================================== Manish Kumar, Son of Shivji Yadav, Resident of Village - Nighai, P.S.- Konch, Distt - Gaya (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Kumari, D/o Ramadhar Yadav, Resident of Village - Daulatpur, P.S.- Konch, Distt - Gaya.

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-01-2020 This is an application for grant of anticipatory bail in connection with Konch P. S. Case No. 234 of 2019 disclosing offences under Section 498A of IPC and Section 3⁄4 of Dowry Prohibition Act.

As per F.I.R. petitioner is the husband of the informant and there is allegation of demand of Rs.5 lakhs for opening a shop and on showing her inability, she was assaulted by the fist and slaps.

Submission of the learned counsel for the petitioner is that she does not want to reside with the petitioner, as such, the present case has been lodged. He has stated on affidavit that he is ready to keep her with dignity and care.

Patna High Court CR. MISC. No.1676 of 2020(3) dt.14-01-2020 2/2 Heard learned A.P.P. also, who is drawing my attention towards the impugned order, has submitted that after mediation, the informant has gone to reside with the petitioner, but she was ousted from the house and he is not ready to keep her.

Having heard both sides, considering the above submissions, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, it is always open to the petitioner to approach the opposite party no.2 before filing of the regular bail and appear along with the opposite party no.2 before the learned court below and the court below shall consider this aspect of the matter whether there is any chance of compromise between the parties, while disposing of his bail application.

With the aforesaid observation, this application is disposed of.

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