Suresh Prasad @ Suresh Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25272 of 2022 Arising Out of PS. Case No.-15 Year-2019 Thana- MAHILA P.S. District- Saran ====================================================== Suresh Prasad @ Suresh Kumar Prasad Son Of Lalita Prasad Resident Of Village - Natwar Gopi, P.S.- Manjhi, Dist.- Saran At Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya Kumari Wife of Suresh Prasad @ Suresh Kumar Prasad D/o- Late Parmatma Prasad, Resident of village - Tarwan Pojhiyan, P.S.- Kopa, Dist.- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504, 506, 34 of the Indian Penal Code.

The accusations are of torture, making assault for non-fulfillment of dowry demand and ousting the informant from her matrimonial house.

It appears that vide order dated 19.11.2019,

Patna High Court CR. MISC. No.25272 of 2022(5) dt.13-12-2022 2/3 the anticipatory bail petition of the petitioner was disposed off vide Cr. Misc. No. 73287 of 2019 with a direction to the petitioner to surrender before learned Court below and file an affidavit to the effect that he will keep his wife(informant) with full dignity and honour. The Court below was directed to release the petitioner on provisional bail which was to be confirmed on substantial restoration of matrimonial harmony between the petitioner and the informant. However, the petitioner, in spite of complying the directions of this Hon'ble Court has again filed a petition vide Cr. Misc. No. 84962 of 2019 which was dismissed vide order dated 26.02.2020.

The petitioner has again filed anticipatory bail petition with a prayer that petitioner is ready to make payment to the informant as interim measure as per direction passed by this Hon'ble Court.

It is submitted by learned counsel for the informant that petitioner has not complied the direction

Patna High Court CR. MISC. No.25272 of 2022(5) dt.13-12-2022 3/3 of this Hon'ble Court which was passed way back on 19.11.2019 and has again filed anticipatory bail petition. The informant is still ready to live with the petitioner and she is not agreeable with any kind of maintenance. Considering the fact that petitioner was directed vide order dated 19.11.2019 passed in Cr. Misc. No. 73287 of 2019 to surrender and learned Court below was directed to release the petitioner on provisional bail with certain condition, but the instead of complying the directions of this Court which was passed way back in the year 2019, the petitioner has again filed the present anticipatory petition, this Court is not inclined to take a different view in the matter.

The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T