Patna High CourtCR. MISC./44799/2015disposed

Kaushal Kumar v. The State Of Bihar

2016-05-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44799 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -SIRDALA District- NAWADA ======================================================

1. Kaushal Kumar s/o Birender Singh, r/o- vill- Merhkuri, P.S.- Sirdala, Distt.- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 379, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basis accusation is of torture for nonfulfillment of dowry demand. On a joint prayer of the parties, the matter was referred to the Mediation and Conciliation Centre of the State Legal Services Authority vide order dated 21.09.2015. The report of the Mediator at Flag-A, dated 27.11.2015 reflects that Mediation could not succeed due to adamant attitude of the petitioner. The matter has been adjourned by this Court on 07.12.2015, 11.01.2016, 29.02.2016 and 05.04.2016 to

Patna High Court Cr.Misc. No.44799 of 2015 (7) dt.09-05-2016 enable the petitioner to appear, but the petitioner failed to appear on any occasion. Today also the petitioner is not present. The informant is present. The petitioner being an Army Personnel, who was given indulgence for about eight months by this Court, but he failed to appear. It is submitted by the learned counsel for the informant that informant is ready to resume the conjugal rights.

In the circumstances, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Sirdala (Meskaur) P.S. Case No. 90 of 2015, pending in the court of learned Sri Subir Kumar, J.M., Ist Class, Nawada With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T