Sufiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27152 of 2019 Arising Out of PS. Case No.-2342 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Sufiyan Son of Md. Rashid R/o village- Chand Bhag, Ward No. 1, P.S.- Araria, District- Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Isharat W/o Sufiyan, D/o Safiq R/o village- Chand Bhag, Ward No.-1, P.S.- Araria, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 2342-C/2017, disclosing offences under Section 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of demand of one motorcycle and for that, subjecting the complainant to torture and harassment.

On request of learned counsel for the petitioner, on appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 17.07.2019. The report of Mediator is available on record at Flag "R" which disclosed that three dates fixed in

Patna High Court CR. MISC. No.27152 of 2019(4) dt.04-09-2019 2/2 the mediation and the petitioner had not appeared on any date, though the opposite party no.2 was present on each and every date.

Submission of learned counsel for the petitioner is that he is working in Delhi, as such, he could not appear and he is still ready to keep her with dignity and care. Heard learned counsel for the opposite party no.2, who has opposed the prayer for anticipatory bail on the ground that petitioner is not even paying any maintenance amount, which is fixed in the year 2018 on 10.01.2018 passed in Maintenance Case No. 375 of 2017 and he has not respect for order of the Court as well as it appears that he is only coming with a plea to keep her in order to get interim relief. Having heard both sides, considering the above conduct of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner. He may surrender before the learned court below and prayer for regular bail. With the aforesaid observations, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T