Chandan Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22556 of 2019 Arising Out of PS. Case No.-319 Year-2018 Thana- NOKHA District- Rohtas ====================================================== CHANDAN KUMAR @ GUDDU, aged about 30 years, Male, Son of Bashishth Singh, Resident of Village- Penar, P.S.- Nokha, District- Rohtas ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Sanju Devi, aged about 35 years, Daughter of Uma Shankar Singh Resident of Village- Kazi Tola Amai, Hasan Bazar, P.S.- Piro, District- Bhojpur ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rajani Kant Singh, Adv.

For the State :

Mr. Rajesh Kumar, APP For OP No. 2 :

Mr. Raghwanand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner, the learned counsel appearing informant/opposite party no. 2 and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Nokha P.S. Case No. 319 of 2018, pending in the Court of Sri B.K. Rai, Additional Chief Judicial Magistrate, Rohtas at Sasaram, for the offences alleged under Sections 341, 342, 307 and 498A of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The accusation is of torturing of the informant/opposite party no. 2 by her husband and in-laws due to non-fulfillment of demand of rupees one lakh for doing business and remove her causing assault, along with minor baby, from matrimonial house.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.22556 of 2019(5) dt.27-08-2019 2/2 that while the matter was sent before the Patna High Court Mediation Center for settlement of the dispute, but, dispute could not be settled there.

On the other hand, learned counsel appearing informant/opposite party no. 2 submits that informant/opposite party no. 2 has a minor female baby and she is ready to go at her matrimonial house to lead her conjugal life with te petitioner, but, the petitioner was not ready in the mediation center to take her.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T