Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15344 of 2019 Arising Out of PS. Case No.-149 Year-2017 Thana- LODIPUR District- Bhagalpur ====================================================== MD. FAIYAZ Son of Md. Juber R/o village- Ustoo, P.S.- Lodipur, DistrictBhagalpur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 Heard the parties.

This application is for grant of bail in connection with Lodipur P.S.Case No.149 of 2017 dated 10.10.2017 for the offences under Sections 447, 323, 504, 506, 498(A) of the Indian Penal Code.

Prosecution story as per the written report filed by the informant -O.P.no.2 is that after the marriage, the petitioner, who happens to be husband, demanded Rs.01 lac and on fulfillment of the demand again he demanded Rs.01 lac and a motorcycle and when she shown her inability , she was abused and assaulted by fists and slaps causing injury to her. She has two daughters and one son also and her daughters have also been assaulted.

From perusal of the record, it appears that on

Patna High Court CR. MISC. No.15344 of 2019(4) dt.02-07-2019 2/2 appearance of O.P.no.2 the matter was referred to the Patna High Court Mediation and Re-conciliation Centre, vide order dated 20.5.2019 and the mediation report is kept at flag 'M', which shows that the meditation could not be conducted properly as the petitioner did not appear.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted . Heard learned A.P.P. and the learned counsel for the O.P.no.2. They have opposed the prayer for bail on the ground that there is specific allegation against the petitioner of demand and assault and also to assault her daughters and son and earlier also in the lower court she had disclosed that she was brutally assaulted .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of bail to the petitioner .

With the above direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T