Anil Mukhiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36852 of 2016 Arising Out of PS.Case No. -907 Year- 2012 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Anil Mukhiya, Son of Rashi Lal Mukhiya, resident of Village Simri Block, Police Station- Bhaptiyahi, District- Supaul .... Petitioner

Versus

1. The State of Bihar

2. Sumitra Devi, Wife of Anil Mukhiya, Daughter of Sukhdeo Mukhiya, R/o Vill- Tengraha, P.S.- Kishanpur, District- Supaul .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Arun, Adv. For the Opposite Parties : Mr. Md. Ashlam Ansari, APP 241 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2016 Heard the learned counsel for the petitioner and the State.

The petitioner, being the husband of the complainant, apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.

The basic accusation is of torture for non-fulfillment of dowry demand.

On instruction, it is submitted that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 6 of the petition, which reads as follows :

"That the petitioner is the husband of the complainant and is ready to keep her with honour and dignity and by the order of the learned Court below, summons was issued but she did not appear in the Court below to assist the Court for settlement of her dispute."

It is submitted that the same stand was taken before

Patna High Court Cr.Misc. No.36852 of 2016 (2) dt.24-08-2016 the lower Court, but, in spite of notice the complainant failed to appear before the Court below.

Considering the fact that for a complaint filed in the year 2012 the petitioner has preferred the present anticipatory bail application in the year 2016, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Let learned Court below consider the prayer for regular bail of the petitioner in view of the present stand of the petitioner, if the petitioner surrenders within a period of six weeks and prays for regular bail in connection with Complaint Case No. 907C of 2012 pending in the Court of the Subdivisional Judicial Magistrate, Supaul.

With that observation, this application stands disposed off.

(Dinesh Kumar Singh, J) SA/- U √ T √