Md. Chote v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.20371 of 2017 (5) dt.03-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20371 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -BELA District- SITAMARHI ====================================================== Md. Chote, Son of Late Ejajul Haque @ Chaitan Resident of Village - Andauli, P.S. - Parihar, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Samra Khatoon W/o Md. Chote Village - Andauli, P.S. - Parihar, District - Sitamarhi, Presently residing D/o Md. Ayub, Village - Bela, Machpakauni, P.S. - Bela, District - Sitamarhi.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.

The petitioner apprehends his arrest in connection with Bela (Sitamarhi) P.S. Case No. 143 of 2016 registered under Sections 341, 323, 379, 498A, 420, 504 and 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, pending in the court of the Chief Judicial Magistrate, Sitamarhi. Learned counsel for the petitioner submits that on the joint prayer made on behalf of the petitioner and the Opposite Party No. 2, the matter was referred to the Mediation Centre,

Patna High Court Cr.Misc. No.20371 of 2017 (5) dt.03-11-2017 Patna High Court, Patna, for settlement of dispute in between the petitioner and the opposite party no. 2, who are husband and wife, where opposite party no. 2 was present, but petitioner did not turn up and did not show any willingness to take his wife-opposite party no. 2, while she is ready to live with the petitioner. 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 six 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) shakir/- U T