Sanjeev Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25144 of 2017 Arising Out of PS.Case No. -61 Year- 2015 Thana -BUDDHACOLONY District- PATNA ====================================================== Sanjeev Kumar S/o Daroga Singh Resident of Village-Khaspur. P.S.-Maner, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Soni Kumari D/o Sri Shashi Bhushan Prasad, Resident of MohallaSouth Mandiri, Nagpanch Mandir, P.S. Budha Colony, District-Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed the prayer for anticipatory bail in a case registered for the offences punishable under Sections 323, 504, 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. On the joint request of the parties, the matter was

Patna High Court Cr.Misc. No.25144 of 2017 (2) dt.17-01-2018 2/3 earlier referred to the Mediation and Conciliation Centre of the State Legal Services Authority. The report of the Mediator dated 01.02.2016 submitted in Cr. Misc. No. 37782 of 2015 reflects that the issue could not be reconciled through the process of mediation. Though, the informant has alleged that the petitioner is her husband but the petitioner denied the factum of marriage with the informant. Subsequently, on the prayer made on behalf of the petitioner Cr. Misc. No. 37782 of 2013 was permitted to be withdrawn vide order dated 04.02.2016. Now the prayer has been renewed on the ground that the petitioner is ready to resolve the issue with the informant.

Considering the fact that the earlier anticipatory bail application of the petitioner was permitted to be withdrawn and the issue could not be resolved, this Court is not inclined to entertain the second anticipatory bail application. However, considering the nature of accusation, 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 Budha Colony P.S. Case No. 61 of 2015, pending in the Court of learned Subdivisional Judicial Magistrate, Patna. It is expected from the learned Court below to dispose of the bail application of the

Patna High Court Cr.Misc. No.25144 of 2017 (2) dt.17-01-2018 3/3 petitioner preferably on the same day.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T