Kanhai Chaudhary @ Kanhai Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14470 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- MAHILA P.S. District- Vaishali ====================================================== Kanhai Chaudhary @ Kanhai Kumar Chaudhary S/O- Ajay Chaudhary R/VBarbatta, P.S- Jandaha, Dist- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Kumari D/o Sanjay Thakur R/V- Mushari Nagin. P.S- Sakra, DistMuzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP For the Informant : Mr. Sunil Kumar Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-10-2023 Heard Mr. Hemand Kumar, learned counsel for the petitioner, Mr. Sunil Kumar Dubey, learned counsel appearing on behalf of the informant as well as Mr. Pradeep Narain Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Mahila P.S. (Vaishali at Hajipur) Case No. 21 of 2022, F.I.R. dated 27.05.2022 for the offences punishable under Sections 341, 323, 307, 498A, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. According to prosecution case, all the accused persons including the petitioner used to harass the informant and also assaulted her causing her burn injuries due to non-

Patna High Court CR. MISC. No.14470 of 2023(5) dt.12-10-2023 2/3 fulfillment of demand of dowry from her father. It is further alleged that all the accused persons threatened her to kill her.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. Vide order dated 28.08.2023 the matter was referred to the Mediation Centre, Patna High Court for settlement of disputes between the parties. Report of the learned Mediator dated 10.10.2023 reveals that the dispute between the parties could not be resolved.

6. The learned counsel appearing on behalf of the informant submits that as per the allegation in the F.I.R and the nature of injury sustain by the informant, he has offered for one time settlement. Learned counsel for the petitioner on the last occasion when the matter was referred to the Mediation Centre agreed for that but in the mediation proceeding he refused for the same. He further submits that the petitioner has assaulted the informant and several burn injuries which was caused by pressure cooker were also found on her body and the injury

Patna High Court CR. MISC. No.14470 of 2023(5) dt.12-10-2023 3/3 report also supports the allegation as alleged in the F.I.R.

7. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Mahila P.S. (Vaishali at Hajipur) Case No. 21 of 2022 pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T