Patna High CourtCR. MISC./15860/2017rejected

Sohan Sharma v. State Of Bihar And ANR

2017-11-02Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.15860 of 2017 (4) dt.02-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15860 of 2017 Arising Out of PS.Case No. -241 Year- 2015 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Sohan Sharma, son of Upendra Shamra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Shobha Kumari, wife of Sohan Sharma.

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 241 of 2015 registered under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, pending in the court of S.D.J.M., Dalsingsarai, Samastipur.

Learned counsel for the opposite party no. 2 submits, in presence of learned counsel for the petitioner, that it is specifically stated in paragraph 12 of the bail petition that petitioner is ready to keep his wife-opposite party no. 2 with full dignity and honour. The opposite party no. 2 expressed her desire to lead conjugal life with the petitioner but petitioner and on the

Patna High Court Cr.Misc. No.15860 of 2017 (4) dt.02-11-2017 joint prayer the matter was referred to Mediation Centre, Patna High Curt for settlement of dispute. The opposite party no. 2 show her willingness to live with the petitioner before the Mediation Centre, but petitioner flatly refused to keep her, due to that reason mediation could not succeed.

Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T