Basant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13680 of 2021 Arising Out of PS. Case No.-2718 Year-2019 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== BASANT PRASAD Son of Shivnath Prasad Resident of Village - Shiv Mohammadpur, P.S.- Marhoura, Dist.- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Anita Devi W/o Basant Prasad , D/o Dharmnath Prasad Presently Resident of Village - and P.O. and P.S.- Dautpur, Dist.- Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr.A.G.

For the informant :

Mr. C.M. Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 05-01-2022 Heard the parties through video conferencing. The petitioner apprehends his arrest in connection with Saran Complaint Case No. 2718 of 2017, corresponding to T.R. No. 2104 of 2020 registered for the offence under Section 498A of the Indian Penal Code along with Section 3⁄4 of Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is Army personnel and is posted in Jammu and Kashmir. He could not attend the Court and his bail bond has been cancelled and therefore, he has moved the present application seeking anticipatory bail. Learned counsel appearing for the complainant objects and submits that the bail application would not be maintainable in these circumstances.

Learned counsel further submits that, if that would be

Patna High Court CR. MISC. No.13680 of 2021(3) dt.05-01-2022 2/2 circumstance that the petitioner could not be appear, then to issue have made arrangements, and the complainant is ready to go back her matrimonial home, if a compromise is arrived at and submits that matter should be sent to the Patna High Court Mediation Centre. Taking into consideration the overall aspects, it is directed that the petitioner shall present himself on 28th January, 2022 before the concerned Court, who shall allow his bail bonds and direct both the parties to present before Patna High Court Mediation Centre. An attempt should be made to get the matter compromise between the parties as it appears to be a simple matrimonial quarrel, which seems to have occurred between the husband and wife.

Accordingly, with the above observation and direction, the anticipatory bail application stands disposed of. (Sanjeev Prakash Sharma, J) pravinkumar/- U T