Subodh Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2608 of 2016 Arising Out of PS.Case No. -1844 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Subodh Sah Son of Laxman Sah, Resident of Village - Bhagwanpur, Piprahi, P.S. - Riga, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babita Devi, Wife of Subodh Sah, Daughter of Din Bandhu Sah, Resident of Village - Pota Madhaul, P.S. - Runnisaidpur, District - Sitamarhi.

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 16-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 120B of the Indian Penal Code and 4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. On the joint prayer of the parties the matter was referred to the Mediation and Conciliation Centre of the Bihar State Legal Services Authority. The report of the

Patna High Court Cr.Misc. No.2608 of 2016 (4) dt.16-05-2016 2/2 Mediator dated 22.04.2016 at Flag 'A' reflects that the issue could not be reconciled through the process of mediation. The petitioner and the complainant are present in the Court.

It is submitted by learned counsel for the complainant that the mediation failed due to the attitude of the petition. However, complainant is ready to resume the conjugal life but the petitioner is not ready to keep the complainant. Considering the fact that due to the stand of the petitioner that he is not ready to keep the complainant, the reconciliation does not appears to be feasible at present. Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. C-1/1844 of 2013 pending in the court of learned Sub-divisional Judicial Magistrate, Sitamarhi.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T