Patna High CourtCR. MISC./31509/2015disposed

Naurez Alam v. The State Of Bihar And ORS

2015-12-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31509 of 2015 Arising Out of PS.Case No. -1562 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Naurez Alam S/O SK. Amruddin, Resident of Village- Bairiya, P.O. + P.S.- Bairiya, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sk. Atiullah son of late Nabi Hassan

3. Subi Khatoon @ Safina Perween W/O Naurez Alam, D/o Sk. Atiullah, Both Resident of Village- Bairiya, P.O. + P.S.- Bairiya, District- West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Md. Ansural Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken under Section 498A/34 of the Indian Penal Code. The basic accusation is of torture for non fulfillment of dowry demands.

The matter was referred to Mediation Centre on joint prayer of the parties vide order dated 3.8.2015. The Mediator's report at Flag A reflects that the issue could not be resolved through the process of mediation. The petitioner and the daughter of the complainant are present. The daughter of the complainant is

Patna High Court Cr.Misc. No.31509 of 2015 (4) dt.14-12-2015 2/2 ready to resume the conjugal life but learned counsel for the petitioner submits that the petitioner is not ready to accept the offer and has filed Matrimonial Suit with prayer for divorce on the ground of adultery.

In the circumstances, it does not appear that the issue is likely to be settled. Let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Complaint Case No. 1562C of 2014 pending in the court of learned C.J.M. West Champaran at Bettiah.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T