Pinku Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.13777 of 2017 (7) dt.08-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13777 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -MAHILA PS District- BUXAR ====================================================== Pinku Yadav, son of Late Jagdish Yadav, resident of Village- Kazipr, P.S. Simari, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi, wife of Pinku Yadav.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar (Mahila) P.S. Case No. 63 of 2016, registered under Sections 341, 323, 324, 504, 506 and 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending in the court of S.D.J.M., Buxar.

The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also to remove from her matrimonial house along with her children.

Learned counsel for the petitioner submits that on the joint prayer of the learned counsel for the petitioner and the

Patna High Court Cr.Misc. No.13777 of 2017 (7) dt.08-11-2017 learned counsel for the opposite party no. 2, the matter was placed in Chamber for re-conciliation in between the petitioner and the opposite party no. 2, but the re-conciliation could not be succeeded.

Learned counsel for the opposite party no. 2 submits that while opposite party no. 2 was present but the petitioner did not turn up for re-conciliation there due to that reason the matter could not be settled.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, 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 within four weeks 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