Patna High CourtCR. MISC./16833/2017dismissed

Sanjay Thakur v. State Of Bihar And ANR

2017-04-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16833 of 2017 Arising Out of PS.Case No. -1132 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Sanjay Thakur, son of Late Kaushal Kishore Thakur, resident of VillagePatahi Roop, P.S.- Sadar, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Nikki Kumari, W/o Sanjay Thakur, D/o Subodh Kumar Singh, Resident of Village- Patahi Roop, P.S.- Sadar, District- Muzaffarpur at present resident of Village- Manika, Bishunpur Chand, P.S.- Mushhari, DistrictMuzaffapur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1132 of 2014, corresponding to Trial No. 2289 of 2015, lodged for the offences punishable under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Petitioner is the husband and the case is under Section 498A IPC.

It has been submitted on behalf of the petitioner that petitioner is still ready to keep Opposite Party No.2 but she is not ready to live with him.

Patna High Court Cr.Misc. No.16833 of 2017 (2) dt.18-04-2017 2/2 Heard learned APP also.

Having heard both sides and from perusal of the impugned order it appears that steps were taken for mediation by the court below but opposite party No.2 informed the court about assault and torture by the petitioner and made allegation against him, considering this aspect of the matter, to my opinion, this is not a fit case for grant of anticipatory bail, rather petitioner should surrender and make regular bail, which shall be considered on its own merit, without being prejudiced by this order. It is also made clear that even before passing any order of their appearance if it is found that there is a chance of amicable settlement between the parties, the court below shall consider the same favourably, while passing order. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U