Ugrasen Sah v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14197 of 2019 Arising Out of PS. Case No.-709 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Ugrasen Sah, Son of Balram Sah, R/o village- Nakta Khurd, Ward No. 2, P.S.- Palasi, District- Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rajeshwari Devi, D/o Bhuwan Lal Sah, R/o village- Nakta Khurd, Ward No. 2, P.S.- Palasi, District- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 709-C of 2017, disclosing offence under Section 498A of the Indian Penal Code. Allegation against the petitioner is of demand of dowry and for that, assaulting her and ousting the complainantwife from the house. On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 01.05.2019. The report of Mediator is available on record at Flag "A" which disclosed that petitioner never appeared on any date in the mediation center, though the opposite party no.2 was present on all the
Patna High Court CR. MISC. No.14197 of 2019(5) dt.23-07-2019 2/2 dates.
Submission of learned counsel for the petitioner is that he has not appeared in the mediation center, as he could not left from the job, but he has not informed the same before the mediation center.
Heard APP as well as learned counsel for the opposite party no.2 also.
Having heard both sides, considering the above facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he may surrender before the learned court below and make prayer for regular bail, which shall be considered by the learned court below on its own merit, without being prejudiced by order of this Court.
With the aforesaid observations, this application is dismissed.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T